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

Land and Environment Court New South Wales

Medium Neutral Citation: Williams v Council of the City of Sydney [2021] NSWLEC 1774 Hearing dates: 22 October 2021, 3 November 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court Directs that: (1) The parties shall within 2 business days file agreed conditions reflecting these reasons for judgment. 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 Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.17, 8.7 Sydney Local Environmental Plan 2012, cl 2.3 Cases Cited: Cirillo v Council of the City of Sydney [2018] NWSLEC 1018 Iguana Bar & Restaurant Pty Ltd v The Council of the City of Sydney [2021] NSW LEC 1775 Jeffrey v Canterbury-Bankstown Council [2021] NSWLEC 73 Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408; 2006 NSWLEC 99 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Timothy Williams (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: J Fan (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)