NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pink Star Entertainment Pty Limited v City of Sydney [2007] NSWLEC 300
APPLICANT Pink Star Entertainment Pty Limited PARTIES : RESPONDENT City of Sydney
FILE NUMBER(S) : 10857 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- change of use of premises, nightclub hours of operation, noise, queuing on footpath and public interest
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan
DATES OF HEARING: 02/05/2007 and 03/05/2007
DATE OF JUDGMENT: 30 May 2007
APPLICANT Mr P. McEwen, SC instructed by D. Mang of Las Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr P. Clay, barrister instructed by Ms P. Adraskelas of Maddocks
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
30 May 2007
10857 of 2006 Pink Star Entertainment Pty Limited v City of Sydney
JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application seeking approval for a change of use of the premises located at 2 Roslyn Street Potts Point, from a licensed restaurant to a nightclub. The proposal involves: (a) Internal alterations, including fire safety upgrades; (b) Use of the premises as a Place of Public Entertainment; and (c) Hours of operation 12 p.m. to 6 a.m. the following day, 7 days a week.
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