Martin & Spork v City of Sydney (No 2) [2006] NSWLEC 648

Land and Environment Court of New South Wales

CITATION : Martin & Spork v City of Sydney (No 2) [2006] NSWLEC 648

APPLICANT Martin & Spork Pty Limited PARTIES : RESPONDENT The Council of the City of Sydney

FILE NUMBER(S) : 10587 of 2004

CORAM: Brown C

KEY ISSUES: Appeal :- modification of conditions of consent - existing hotel - access - extension of trial period

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Martin & Spork Pty Limited v Sydney City Council [2004] NSWLEC 559

DATES OF HEARING: 25/09/06

DATE OF JUDGMENT: 10/17/2006

APPLICANT Mr S Austin QC SOLICITORS Phillips Fox LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor SOLICITORS Maddocks

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

17 October 2006

10587 of 2004 Martin & Spork Pty Limited v The Council of the City of Sydney (No. 2)

JUDGMENT 1 COMMISSIONER: This is an appeal against the determination by the Council of the City of Sydney (the council) of Application No. D2004/142A (the modification application) to modify conditions attached to Development Application No. D2004/142 (the original application) under s 96(AA) of the Environmental Planning and Assessment Act 1979 for alterations and additions to the Empire Hotel at 32-32A Darlinghurst Rd, corner of Roslyn Street, Potts Point (the site). 2 The alterations and additions in the original application provided for the conversion of three shop tenancies into a TAB Sports Bar that would be internally connected to the rest of the hotel premises and would also have access to Roslyn Street. The three shops formed part of hotel building although they had sole access to Roslyn Street.