Hot House Studio v Northern Beaches Council [2020] NSWLEC 1134

Land and Environment Court New South Wales

Medium Neutral Citation: Hot House Studio v Northern Beaches Council [2020] NSWLEC 1134 Hearing dates: 25 February 2020; 10 March 2020 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders that: (1) Leave is granted for the applicant to amend the application to confine it to extending operating hours of the existing alfresco area and for it to be submitted under s 4.55(2) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Modification Application MOD2018/0209 to modify Development Consent N1044/99, as amended, to extend the operating hours of the alfresco area of the Palm Beach Golf Club clubhouse at 2 Beach Road, Palm Beach is approved subject to the conditions in Annexure "A". (4) The exhibits are returned other than Exhibits 1, B, C and N. Catchwords: MODIFICATION APPLICATION: extension to operating hours of Palm Beach Golf Club alfresco area – Club has existing use rights – noise impacts for neighbours – compliance with the Industrial Noise Policy – whether assessment and conditions should apply to entire clubhouse and what conditions should apply – objections and support from neighbouring properties Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Liquor Act 2007 Pittwater Local Environmental Plan 2014 Protection of the Environment Operations Act 1997 Category: Principal judgment Parties: Hot House Studio (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) R O'Gorman-Hughes (Respondent)