Solowave Pty Ltd v City of Sydney Council [2006] NSWLEC 519

Land and Environment Court of New South Wales

CITATION : Solowave Pty Ltd v City of Sydney Council [2006] NSWLEC 519

APPLICANT Solowave Pty Limited PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 11504 of 2004

CORAM: Murrell C

KEY ISSUES: Development Application :- appeal against conditions imposed by Council, hours of operation, security measures, roof, noise attenuation impact on surrounding area

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sydney City Local Environmental Plan Local Government Act 1993

CASES CITED: Jonah v Pittwater Council (2006) NSWLEC 99; Zhang v Canterbury CC (2001) SWCA 167

DATES OF HEARING: 01/06/2006-02/06/2006 and 24/07/2006

EX TEMPORE JUDGMENT DATE : 07/24/2006

APPLICANT Mr I. Hemmings, barrister SOLICITORS Instructed by Mr A. Whealy, solicitor of Gadens Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Kondilios, solicitor Instructed by Ms P. Whitford, solicitor of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

24 July 2006

11504 of 2004 Solowave Pty Limited v City of Sydney Council This judgment was delivered extemporaneously and has been edited prior to publication. 1 This judgment is for an appeal under s 97 of the Environmental Planning and Assessment Act against conditions imposed by the City of Sydney Council in respect of a development application for a nightclub in the premises known as No. 31-33 Oxford Street, Darlinghurst.