Moses & Anor v Council of the City of Sydney (No 2) [2005] NSWLEC 515

Land and Environment Court of New South Wales

CITATION : Moses & Anor v Council of the City of Sydney (No 2) [2005] NSWLEC 515

APPLICANTS James Moses Dean Dinov PARTIES :

RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10438 of 2005

CORAM: Moore C

Development Application :- Impact on heritage building KEY ISSUES: Streetscape impact of enclosure of courtyard .

Environmental Planning and Assessment Act 1979 South Sydney Development Control Plan 1997: Urban Design LEGISLATION CITED: South Sydney Local Environment Plan .

Moses & Anor v Council of the City of Sydney [2005] NSWLEC 436; CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373; .

DATES OF HEARING: 8 and 9 August, 12 September 2005

DATE OF JUDGMENT: 09/26/2005

APPLICANTS Mr V Conomos, solicitor Pike Pike and Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

26 September 2005

File Number Parties

JUDGMENT 1 Commissioner: This is the second decision given in this appeal. The applicants seek to undertakere novations and refurbishment of premises at 1 Kellett Way, Kings Cross (the site), in order to permit their use as a night club accommodating up to 250 persons with the venue to operate as a restaurant only on Mondays and Tuesdays and as a night club on Wednesday, Thursday, Friday, Saturday and Sunday nights, on all nights trading until 3am with the night club trading on the nominated five nights until that hour of the morning. The site is located on the intersection of Kellett Way and Roslyn Street at Kings Cross.