Williams v Council of the City of Sydney (No 2)

[2022] NSWLEC 1000

Land and Environment Court

New South Wales

Medium Neutral Citation:

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

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 that:

(1) The appeal is upheld.

(2) Development consent is granted to development application D/2019/1135 for the use of the ground floor of the premises being Lot 11 Deposited Plan 625743 known as 13-15 Kellett Street, Darlinghurst as a restricted premises subject to the conditions in Annexure A.

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

Catchwords:

DEVELOPMENT APPLICATION – restricted premises – formerly restaurant and bar – adjacent to residential premises – application of locality controls in development control plan – character of the street in terms of uses – hours of operation – impacts from patrons – findings made – conditions filed in accordance with reasons – orders made

Cases Cited:

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

Category:

Principal judgment

Parties:

Timothy Williams (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):

2020/48750

Publication restriction:

Nil

Judgment

1. COMMISSIONER: On 17 December 2021 I delivered my judgment (Williams v Council of the City of Sydney [2021] NSWLEC 1774) and directed the parties to file conditions in accordance therewith.

2. On 22 December 2021 the parties filed agreed conditions which I accept properly reflect my reasons for judgment and therefore I make the following orders.

3. The Court orders that:

1. The appeal is upheld.

2. Development consent is granted to development application D/2019/1135 for the use of the ground floor of the premises being Lot 11 Deposited Plan 625743 known as 13-15 Kellett Street, Darlinghurst as a restricted premises subject to the conditions in Annexure A.

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

………………………..

P Clay

Acting Commissioner of the Court

Annexure A (265585, pdf)

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Decision last updated: 10 January 2022