Jones-Evans v Council of the City of Sydney [2005] NSWLEC 300

Land and Environment Court of New South Wales

CITATION : Jones-Evans v Council of the City of Sydney [2005] NSWLEC 300

APPLICANT Lindsay Jones-Evans

PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10168 of 2005

CORAM: Moore C

Development Consent :- Modification Extension of trading hours of a licensed restaurant KEY ISSUES: .

Environmental Planning and Assessment Act 1979 Liquor Act 1982 LEGISLATION CITED: South Sydney Local Environmental Plan South Sydney Development Control Plan .

Zhang v Canterbury Council (2001) 115 LGERA 373; CASES CITED: .

DATES OF HEARING: 13 and 19 May 2005 EX TEMPORE JUDGMENT DATE : 05/19/2005

APPLICANT Mr P Clay, barrister INSTRUCTED BY Gadens Lawyers

RESPONDENT Mr A Pickles, barrister LEGAL REPRESENTATIVES: INSTRUCTED BY Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

19 May 2005

10168 of 2005 Lindsay Jones-Evans v Council of the City of Sydney This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

JUDGMENT 1 This is an appeal pursuant to s 96 of the Environmental Planning and Assessment Act 1979 against the refusal by the Council of the City of Sydney (the council) to extend trading hours of a licensed drink and dine restaurant known as the Victoria Room Restaurant at 231-235 Victoria Street, Darlinghurst (the premises). The premises are located on the first and mezzanine floors in a converted automotive service and repair facility.