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

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

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.
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.
The Court orders that:

The appeal is upheld.

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.

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)

**********

CaseChat Overview and Summary

The respondents, Williams, sought to appeal a decision of the Local Court to deny development consent for the use of the ground floor of the premises at 13-15 Kellett Street, Darlinghurst as a restricted premises. The respondents sought to appeal to the Land and Environment Court. The primary issue before the Court was whether the respondents had demonstrated a substantial benefit to the public that would result from the approval of the development. A secondary issue was whether the Local Court had acted outside its jurisdiction in considering the application for development consent.

The Court found that the respondents had demonstrated a substantial benefit to the public that would result from the approval of the development, and that the Local Court had acted outside its jurisdiction in considering the application for development consent. The Court found that the respondents had demonstrated that the proposed development would provide a substantial benefit to the public, in that it would provide a space for the homeless to congregate and seek assistance. The Court found that the Local Court had acted outside its jurisdiction in considering the application for development consent, as it had not considered the relevant planning scheme and had failed to give proper consideration to the public benefit of the proposed development. The Court found that the appeal should be upheld, and that development consent should be granted to the respondents.

Orders of the court

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.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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