NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Rifon Pty Ltd v Sydney City Council [2006] NSWLEC 778
APPLICANT Rifon Pty Ltd PARTIES : RESPONDENT Sydney City Council
FILE NUMBER(S) : 10375 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- Alterations and change of use for late night trading of licensed premises; compatibility with zone objectives, consistency with built environmental design controls, amenity/noise, antisocial behaviour, cumulative impacts, public interest
LEGISLATION CITED: Environmental Planning and Assessment Act South Sydney Local Environmental Plan 1998
DATES OF HEARING: 12/09/2006, 12-13/10/2006
DATE OF JUDGMENT: 12/13/2006
APPLICANT Mr P McEwen, SC Instructed by: Mr C Drury, solicitor Of: Phillips Fox
LEGAL REPRESENTATIVES: RESPONDENT Mr P Clay, barrister, Instructed by: Mr S Kondilios, solicitor With Ms P Adraskelas, solicitor Of: Maddocks
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
13 December 2006
10375 of 2006 Rifon Pty Ltd v Sydney City Council
JUDGMENT Background 1 This appeal was lodged against council's refusal of a development application for alterations and the change of use of existing commercial premises, which are situated at 23 - 31 Darlinghurst Road, Kings Cross. The change of use is from the former Hungry Jack's restaurant to a licensed restaurant and cocktail lounge, with late night trading until 3 am.
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