Heracleous v Manly Council

Land and Environment Court New South Wales Case Name:  Heracleous & Anor v Manly Council Medium Neutral Citation:  [2015] NSWLEC 1004 Hearing Date(s):  15 January 2015 Decision Date:  20 January 2015 Jurisdiction:  Class 1 Before:  Brown C Decision:  1. The appeal is upheld. 2. Development Application No. 127/2014, for a change of use from an existing retail premises to a restaurant including fit-out and signage at 92-94 Pittwater Road, Manly is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 4, 5, A, C and D. Catchwords:  APPEAL: conditions of consent for approved restaurant relating to hours of operation – whether hours of operation should be extended from 10pm to 12 midnight Legislation Cited:  Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 2013 Category:  Principal judgment Parties:  Angela Heracleous and Rodney Walsh (Applicants) Manly Council (Respondent) Representation:  Counsel: Mr M Staunton, Barrister (Applicants) Ms J Hewitt, Solicitor (Respondent) Solicitors: - (Applicants) HWL Ebsworth Lawyers (Respondent) File Number(s):  10683 of 2014 Publication Restriction:  No JUDGMENTCOMMISSIONER: On 16 October 2014 Manly Council granted Development Consent No. 127/2014, subject to conditions, for a change of use from an existing retail premises to a restaurant including fit-out and signage at 92-94 Pittwater Road, Manly.This is an appeal against conditions ANS01, ANS03, 36(6NL05), 37 (6NL07) and 39 (6NL09) imposed on the consent by the council. These conditions state:ANS01The trading hours of the premises shall not exceed 10.00am to 10.00pm on any day.The use of...