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) Solicitors: Lindsay Taylor Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 2019/258043 Publication restriction: Nil Judgment 1. COMMISSIONER: On 17 December 2021 I delivered my judgment in this matter (Iguana Bar & Restaurant Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1775) and the related matter of Williams v Council of the City of Sydney [2021] NSWLEC 1774 (Williams). 2. I indicated that I would grant development consent in the Williams matter and I directed the parties to file conditions in accordance with that judgment. 3. I have now granted development consent in Williams – see Williams v Council of the City of Sydney (No 2) [2022] NSWLEC 1000 – and accordingly it is appropriate that I now revoke the order the subject of these proceedings in accordance with my reasons in this matter. 4. 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. ……………………….. P Clay Acting Commissioner of the Court ********** 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