Iguana Bar and Restaurant Pty Ltd v The Council of the City of Sydney (No 2)

[2022] NSWLEC 1001

Land and Environment Court

New South Wales

Medium Neutral Citation:

Iguana Bar & Restaurant Pty Ltd v The Council of the City of Sydney (No 2) [2022] NSWLEC 1001

Hearing dates:

On the papers

Date of orders:

10 January 2022

Decision date:

10 January 2022

Jurisdiction:

Class 1

Before:

Clay AC

Decision:

The Court Orders:

(1) The appeal is upheld.

(2) The Order issued by the Respondent pursuant to Div 9.3, Sch 5 Pt 1 Order 1 of the Environmental Planning and Assessment Act 1979 (EP&A Act) dated 23 July 2019 directing the applicant to cease using premises being the ground floor of Lot 11 Deposited Plan 625743 known as 13-15 Kellett Street, Potts Point as an Adult Entertainment Premises is revoked pursuant to s 8.18(4)(a) of the EP&A Act.

(3) The exhibits are returned other than exhibits A, C, D, E, 5 and 12.

Catchwords:

DEVELOPMENT CONTROL ORDER – cease use of premises for unauthorised use – development application made for unauthorised use – development consent for use now granted – order revoked

Legislation Cited:

Environmental Planning and Assessment Act 1979

Cases Cited:

Iguana Bar & Restaurant Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1775

Williams v The Council of the City of Sydney [2021] NSWLEC 1774

Williams v The Council of the City of Sydney (No 2) [2022] NSWLEC 1000

Category:

Principal judgment

Parties:

Iguana Bar & Restaurant Pty Ltd (Applicant)
Council of the City of Sydney (Respondent)

Representation:

Counsel:
J Fan (Solicitor) (Applicant)
A Singh (Solicitor) (Respondent)

Solicitors:
Lindsay Taylor Lawyers (Applicant)
Council of the City of Sydney (Respondent)

File Number(s):

2019/258043

Publication restriction:

Nil

Judgment

1. COMMISSIONER: On 17 December 2021 I delivered my judgment in this matter (Iguana Bar & Restaurant Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1775) and the related matter of Williams v Council of the City of Sydney [2021] NSWLEC 1774 (Williams).

2. I indicated that I would grant development consent in the Williams matter and I directed the parties to file conditions in accordance with that judgment.

3. I have now granted development consent in Williams – see Williams v Council of the City of Sydney (No 2) [2022] NSWLEC 1000 – and accordingly it is appropriate that I now revoke the order the subject of these proceedings in accordance with my reasons in this matter.

4. The Court orders:

1. The appeal is upheld.

2. The Order issued by the Respondent pursuant to Div 9.3, Sch 5 Pt 1 Order 1 of the Environmental Planning and Assessment Act 1979 (EP&A Act) dated 23 July 2019 directing the applicant to cease using premises being the ground floor of Lot 11 Deposited Plan 625743 known as 13-15 Kellett Street, Potts Point as an Adult Entertainment Premises is revoked pursuant to s 8.18(4)(a) of the EP&A Act.

3. The exhibits are returned other than exhibits A, C, D, E, 5 and 12.

………………………..

P Clay

Acting Commissioner of the Court

**********

Decision last updated: 10 January 2022