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