Wills v North Sydney Council [2020] NSWLEC 1119

Land and Environment Court New South Wales

Medium Neutral Citation: Wills v North Sydney Council [2020] NSWLEC 1119 Hearing dates: 2 - 3 March 2020 Date of orders: 13 March 2020 Decision date: 13 March 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the applicant to amend the development application to the Trade Out Areas in Plan No ID-210 Revision 5, and the set up areas in Plan No ID-0211 Revision 4. (2) The appeal is upheld. (3) Development consent is granted for the extension of the area of operation of the Greenwood Hotel at 101-103 Miller Street, North Sydney, to parts of an existing courtyard and terraces, identified as the Trade Out Areas in Appendix A, for up to 20 days per annum, subject to the conditions of consent in Annexure A. (4) The exhibits are returned, except for exhibits D, E, F, H, J, K, O and P. Catchwords: APPEAL – development application – existing hotel – heritage item – application to extend trading area on 20 occasions each year with associated structures and storage – impact on significance of heritage item – whether sufficient information provided Legislation Cited: Environmental Planning and Assessment Act 1979 Heritage Act 1977 Land and Environment Court Act 1979 Liquor Act 2007 North Sydney Environmental Plan 2013 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Green Hotel Corporation Pty Limited v North Sydney Council (Land and Environment Court (NSW), Roseth SC and Moore C, 2 June 2003, unrep) Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Nick James Wills (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Reid (Applicant) K Gerathy (Solicitor) (Respondent)