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) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 10 January 2022