Martin and Spork Pty Ltd v Sydney City Council [2004] NSWLEC 559

Land and Environment Court of New South Wales

CITATION : Martin and Spork Pty Ltd v Sydney City Council [2004] NSWLEC 559 APPLICANT Martin and Spork Pty Ltd PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 10587 of 2004 CORAM: Brown C Development Application :- Alterations and additions to three shop tenancies KEY ISSUES: impact on character of area amenity LEGISLATION CITED: South Sydney Local Environmental Plan 1998 Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 01/09/2004 EX TEMPORE 09/01/2004 JUDGMENT DATE :

APPLICANT Mr C Drury, solicitor SOLICITORS Phillips Fox LEGAL REPRESENTATIVES: RESPONDENT Mr P Clay, barrister SOLICITORS Abbott Tout

JUDGMENT: - 17 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

21 September 2004

10587 of 2004 Martin and Spork Pty Ltd v Sydney City Council

JUDGMENT

1 This is an appeal against the refusal by Sydney City Council of development application No. DA D2004/00142 for alterations and additions to three shop tenancies at the existing premises at the corner of Rosyln Street and Darlinghurst Road, Kings Cross (the subject site).

2 The three shops form part of the Empire Hotel building although the shops are located at the Roslyn Street frontage. The three storey building accommodates a public bar and gaming room on the ground floor with bar and dance areas on the upper two levels.