Update: The Gaff - Land & Environment Court Appeal

On 16 September 2009, Commissioner Moore delivered his judgment as to whether or not the Applicant could increase its patron numbers from 447 to 529. The application had originally applied to increase patron numbers to 600, but decreased the number to 529 during the course of the hearing. The Senior Commissioner found that the Applicant should not be permitted to increase its patron numbers from 447.

The matter will be set down for a further hearing before the Commissioner as to whether or not the club should be permitted to expand its premises in to 10 – 14 Oxford Square and to make provision for a 'smoking area' in the adjoining premises.

In his judgement, the Senior Commissioner stated "If there is already an unacceptable impact on the amenity of residents in the locality outside any rational area of influence of the management of The Gaff, it would require a decision maker of considerable gullibility or incredulity to be prepared to accept that a 25% increase in the number of permitted patrons would not lead, inevitably and irresistibly, to the conclusion that there would be at least some increase, no matter how small it might be, in the level of antisocial behaviour that would be visited on those already unacceptably impacted by such behaviour".

You can read the judgment on NSW Caselaw.