Nechi Holdings Pty Ltd v Sydney City Council [2006] NSWLEC 428

Land and Environment Court of New South Wales

CITATION : Nechi Holdings Pty Ltd v Sydney City Council [2006] NSWLEC 428

APPLICANT Nechi Holdings Pty Ltd PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 10170 of 2006

CORAM: Hoffman C

KEY ISSUES: Appeal :- Fire safety

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

DATES OF HEARING: 05/07/2006

EX TEMPORE JUDGMENT DATE : 07/05/2006

APPLICANT Mr R Creighton, agent LEGAL REPRESENTATIVES: RESPONDENT Mr M Fozzard, agent

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

5 July 2006

10170 of 2006 Nechi Holding Pty Ltd v Sydney City Council

JUDGMENT

1 In regard to an appeal against fire safety requirements placed on the premises at 81-83 Oxford Street, Darlinghurst by the council.

2 On 8 December 1995 the council granted development consent for the use of the first floor as a restricted premises, and to erect an illuminated under awning sign. On 6 February 2002 the council granted development consent to regularise the use of the second floor of the building as a sex on premises venue.

3 On 18 January 2005 a complying development certificate was issued for minor fitout works and use as a bank for the ground floor.

4 Number 81-83 Oxford Street, Darlinghurst is located within the local government area of the City of Sydney and comprises two lots known as Lot 3 in DP 913672, and Lot 4 in DP 730653. The site consists of a three storey building built to the boundary on all sides with front and rear access.