Feros Hotel Group Pty Ltd v Northern Beaches Council [2018] NSWLEC 1404

Land and Environment Court New South Wales

Medium Neutral Citation: Feros Hotel Group Pty Ltd v Northern Beaches Council [2018] NSWLEC 1404 Hearing dates: 15-16 May 2018; Final Submissions 1, 7 and 15 June 2018 Date of orders: 08 August 2018 Decision date: 08 August 2018 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders that:

(1)The appeal is dismissed.

(2) Development Application DA 2016/1270 for alternations and additions to, and increased patrons at, the Terrey Hills Tavern, 2 Aumuna Road, Terrey Hills, is refused.

(3) The exhibits are returned except Exhibits B and 1. Catchwords: DEVELOPMENT APPLICATION – alterations to existing tavern; increased patron levels of tavern sought; required parking; adequacy of parking surveys and analysis; disagreement on determination of parking demand for "pubs"; ability to provide acceptable additional parking; proportion of parking acceptable on-street; acoustic impacts; impacts on neighbours; objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Warringah Development Control Plan 2011 Warringah Local Environmental Plan 2011 Texts Cited: RMS Guide to Traffic Generating Developments (2002) Category: Principal judgment Parties: Feros Hotel Group Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Wright SC with Dr J Smith (Applicant) A Pickles SC (Respondent)