Amazonia Hotels Pty Ltd v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Amazonia Hotels Pty Ltd V Council of the City of Sydney [2015] NSWLEC 1224 Hearing dates:18 June 2015Date of orders: 24 June 2015 Decision date: 24 June 2015 Jurisdiction:Class 1Before: Dixon C Decision: See paragraph [34 ] Catchwords: DEVELOPMENT APPEAL – Hotel – alterations and additions - jurisdiction - Smoke-Free Environment Act 2000 Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Sydney Development Control Plan 2012 Smoke-Free Environment Act 2000 Smoke Free Environment Regulation 2007 (the Regulations) Cases Cited: Amazonia Hotels Pty Ltd V Council of the City of Sydney [2014] NSWLEC 1247. Category:Principal judgmentParties: Amazonia Hotels Pty Ltd (Applicant ) Council of the City of Sydney (Respondent) Representation: Counsel: Mr C McEwan SC (Applicant) Mr A Pickles (Respondent) Solicitors: Mr P Jackson , Pikes and Verekers lawyers (Applicant) Ms K Morrin , City of Sydney (Respondent) File Number(s):10796 of 2015Judgment The applicant, Amazonia Hotels Pty Ltd, appeals pursuant to s97 of the Environmental Planning and Assessment Act 1979 (the EPA Act) the Sydney City Council’s deemed refusal of its Development Application (D/2014/10684) for alterations and additions to the Empire Hotel (the Hotel) . Background The Hotel is located on a corner block comprising 32 – 30 2A Darlinghurst Road, Potts Point (the site). It is on the eastern side of the intersection of Darlinghurst Road and Roslyn Street and has a total area of about 435m2. The Hotel...