Cross Entertainment Pty Ltd v Sydney CC [2006] NSWLEC 488

Land and Environment Court of New South Wales

CITATION : Cross Entertainment Pty Ltd v Sydney CC [2006] NSWLEC 488

APPLICANT Cross Entertainment Pty Limited PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 10174 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Hotel, alteration of conditions concerning noise amenity, heritage detail, public

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998

DATES OF HEARING: 07/08/2006 and 08/08/2006

EX TEMPORE JUDGMENT DATE : 08/08/2006

APPLICANT Mr S. Austin, QC SOLICITOR Shanahan Tudhope LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Kondilios, solicitor Ms S. Halls, solicitor of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

8 August 2006

10174 of 2006 Cross Entertainment Pty Limited v City of Sydney Council

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication. Background. 1 This appeal was lodged against council's refusal of a development application for alterations and additions and the change of use of the former Commonwealth bank building at 42 Darlinghurst Rd., Kings Cross to a licensed hotel accommodating approximately 500 persons. Council subsequently granted consent to the proposal, subject to conditions including a 1-year trial. The appeal then is against some of those conditions, which can be summarised as: o noise disamenity arising from the operations of the proposed hotel, o alterations to the existing awning in Darlinghurst Road, o licensing requirements, o public interest considerations. The site. 2 The site is described as Lot 1 in DP 176623 and Lot 1 in DP 183086 and has a total area of 341.2 sq m. It is of an irregular shape with dual frontages to Darlinghurst Road of 11.3m and at the rear, 18.39m to Kellet Way.