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Amazonia Hotels Pty Ltd v Council of the City of Sydney

We were successful on behalf of the applicant in its appeal against Council's deemed refusal of a development application for alterations and additions to the Empire Hotel in Potts Point.

The appeal raised the issue of whether the Land and Environment Court has the jurisdiction to decide a question of compliance with the Smoke-Free Environment Act 2000 and the Regulations under that Act.

The Court found that it has no jurisdiction to deal with matters relating to compliance or otherwise of the Smoking legislation which is administered by the NSW Ministry of Health. Further, the Court was satisfied that public interest is appropriately addressed by the Smoke-Free Environment Act and its Regulations as administered by the Ministry of Health.

The Court held that the proposed development was acceptable on its merits subject to the imposition of some agreed conditions of consent.