Rosa Maiolo v Inner West Council [2017] NSWLEC 1525

Land and Environment Court New South Wales

Medium Neutral Citation: Rosa Maiolo v Inner West Council [2017] NSWLEC 1525 Hearing dates: 10 April and 9-11 August 2017 Date of orders: 26 September 2017 Decision date: 26 September 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed. 2. Modification Application DA200400670.03 to permit a further extended trading hours trial period at the Petersham Inn, 386-414 Parramatta Road, Petersham is refused. 3. The exhibits, except Exhibits A and 2, are returned. Catchwords: MODIFICATION APPLICATION – extended trading hours; further trial period; amenity impacts on neighbours in mixed use development; noise; acoustic assessment, plan of management; resident objections; public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Liquor Act 2016 Marrickville Local Environmental Plan 2011 Cases Cited: Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Vinson v Randwick Council [2005] NSWLEC 142 Thomas v The Hills Shire Council [2013] NSWLEC 1108 Texts Cited: Marrickville Development Control Plan 2011 Marrickville Council's Hotel Trading Hours Policy 2005 Category: Principal judgment Parties: Rosa Maiolo (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr P Clay SC/Ms J Reid (Applicant) Mr M Wright (Respondent)