Bales Investments Pty Limited v Cessnock City Council

[2009] NSWLEC 1062

Land and Environment Court

of New South Wales

CITATION:

Bales Investments Pty Limited & Ors v Cessnock City Council [2009] NSWLEC 1062

PARTIES:

APPLICANT
Bales Investments Pty Limited & Ors

RESPONDENT
Cessnock City Council

FILE NUMBER(S):

11080 of 2008

CORAM:

Bly C

KEY ISSUES:

SECTION 96 MODIFICATION :- trading hours

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

DATES OF HEARING:

27/02/09

EX TEMPORE JUDGMENT DATE:

27 February 2009

LEGAL REPRESENTATIVES:

APPLICANT
Mr C. Ireland, barrister
Instructed by O'Sullivan Saddington Lawyers

RESPONDENT
Mr T. Howards, barrister
instructed by Mallik Rees Lawyers

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

27 February 2009

11080 of 2008 Bales Investments Pty Limited & Ors v Cessnock City Council

JUDGMENT

1 This appeal relates to the Cessnock City Council’s refusal of a modification application under section 96 of the Environmental Planning and Assessment Act 1979 in relation to the trading hours of the Wentworth Hotel in Vincent Street Cessnock. The appeal is part heard and is to resume on 12 March 2009.

2 The development consent (DA 8/2006/533/3) that permitted the hotel to trade until 3 a.m. on Friday and Saturday nights only was subject to a condition that limited these trading hours to a 12-month trial period. That trial period expired on 21 November 2007.

3 On 5 November 2008 the registrar, with the consent of both parties extended the trial period until 28 February 2009.

4 The parties have now asked the court to make consent orders that have the effect of further extending the trial period until the determination of these proceedings. I see no reason why these orders should not be made.

5 By consent the Court makes the following orders:

(1) Until further order of the Court, the operation of the development consent DA 8/2006/533/3 the subject of these proceedings is extended to the date of determination of these proceedings.
(2) Liberty to apply in relation to order 1 above on 48 hours notice.

________________________
T A Bly
Commissioner of the Court