McHugh Holdings Pty Ltd v Sydney City Council [2007] NSWLEC 194

Land and Environment Court of New South Wales

CITATION : McHugh Holdings Pty Ltd v Sydney City Council [2007] NSWLEC 194

APPLICANT McHugh Holdings Pty Limited PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 10807 and 10808 of 2006

CORAM: Bly C

KEY ISSUES: Development Application :- hotel modifications, hours of operation, amenity impacts.

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

DATES OF HEARING: 1/03/2007 and 7/03/2007

DATE OF JUDGMENT: 12 April 2007

APPLICANT Mr P. Clay, barrister instructed by Mr B. Bulford of Bruce Stuart Dimarco Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Konilios, solicitor of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

12 April 2007

10807 of 2007 McHugh Holdings Pty Limted v Sydney 10808 of 2007 City Council

JUDGMENT Introduction 1 These two appeals involve the refurbishment of the existing hotel known as "Kinselas" ("the hotel") at 383 - 387 Bourke St. Darlinghurst. The refurbishment is variously for the three levels of the hotel including a proposed nightclub on the second floor.

2 The site of the hotel is zoned Mixed Uses under South Sydney Local Environmental Plan 1998 in which zone hotels are permissible with development consent.

Ground floor refurbishment - consent orders 3 The first appeal (10808 of 2006) relates to Development Application No.D/2006/997, which is for the refurbishment of the ground floor of the hotel including internal and external modifications. This application is now no longer in dispute the parties having entered into consent orders involving the upholding of the appeal and the granting of development consent subject to a number of conditions [Exhibit 1]. Whilst there was some resident opposition to these works, I have not been persuaded that the consent here sought should not be granted.