Iguana Bar & Restaurant Pty Ltd v The Council of the City of Sydney (No 2) [2022] NSWLEC 1001

Land and Environment Court New South Wales

Medium Neutral Citation: Iguana Bar & Restaurant Pty Ltd v The Council of the City of Sydney (No 2) [2022] NSWLEC 1001 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: (1) The appeal is upheld. (2) The Order issued by the Respondent pursuant to Div 9.3, Sch 5 Pt 1 Order 1 of the Environmental Planning and Assessment Act 1979 (EP&A Act) dated 23 July 2019 directing the applicant to cease using premises being the ground floor of Lot 11 Deposited Plan 625743 known as 13-15 Kellett Street, Potts Point as an Adult Entertainment Premises is revoked pursuant to s 8.18(4)(a) of the EP&A Act. (3) The exhibits are returned other than exhibits A, C, D, E, 5 and 12. Catchwords: DEVELOPMENT CONTROL ORDER – cease use of premises for unauthorised use – development application made for unauthorised use – development consent for use now granted – order revoked Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Iguana Bar & Restaurant Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1775 Williams v The Council of the City of Sydney [2021] NSWLEC 1774 Williams v The Council of the City of Sydney (No 2) [2022] NSWLEC 1000 Category: Principal judgment Parties: Iguana Bar & Restaurant Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: J Fan (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)