Nelmeer Hoteliers Pty Ltd v Burwood Council [2019] NSWLEC 1315

Land and Environment Court New South Wales

Medium Neutral Citation: Nelmeer Hoteliers Pty Ltd v Burwood Council [2019] NSWLEC 1315 Hearing dates: 11 June 2019 Date of orders: 05 July 2019 Decision date: 05 July 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent for the extension of the trading hours of the Royal Sheaf Hotel at 77 Liverpool Road or 231 Burwood Road, Burwood, to allow the trading hours on Monday to Saturday to extend to 4am and the trading hours on Sunday to extend to 12 midnight, is granted subject to the conditions of consent in Annexure A. (3) The exhibits are returned, except for Exhibits A, C and 6. Catchwords: APPEAL – development application – extension of trading hours of pub – assessment of impacts – acoustic impact – acoustic environment dominated by road traffic noise – social impact – crime and safety – application of planning principle – no evidence that current operating hours causing adverse impact – additional measures to prevent adverse impact – appropriateness of trial period Legislation Cited: Burwood Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Nelmeer Hoteliers Pty Ltd v Burwood Council (Land and Environment Court (NSW), 2 May 1995, unrep) New Century Developments Pty Ltd v Baulkham Hills Shire Council (2003) LGERA 303; [2003] NSWLEC 154 Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277 Vinson v Randwick Council (2005) 141 LGERA 27; [2005] NSWLEC 142 Texts Cited: Burwood Development Control Plan 2013 New South Wales, Department of Justice, Intoxication guidelines (February 2016) New South Wales, Department of Trade and Investment, Liquor Promotion Guidelines (July 2013) New South Wales, Department of Trade and Investment, Prevention of intoxication on licensed premises guidelines (March 2015) Category: Principal judgment Parties: Nelmeer Hoteliers Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: A Pickles SC (Applicant)