Nick's Seafood Bar & Grill and No. 7 King Street Wharf Pty Ltd v Sydney City Council [2008] NSWLEC 1145

Land and Environment Court of New South Wales

CITATION : Nick's Seafood Bar & Grill and No. 7 King Street Wharf Pty Ltd v Sydney City Council [2008] NSWLEC 1145

APPLICANTS Nick's Seafood Bar & Grill (11090) and PARTIES : No. 7 King Street Wharf Pty Ltd (11092)

RESPONDENT Sydney City Council

FILE NUMBER(S) : 11090 of 2007 and 11092 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Consent :- conditions of consent

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 14/04/2008

DATE OF JUDGMENT: 18 April 2008

APPLICANT G. Young, solicitor of Sir James Martin Chambers LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Kondilios, solicitor of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

18 April 2008

11090 of 2007 and 11092 of 2007 Nick's Seafood Bar and Grill Pty Limited (11090) and No.7 King Street Wharf Pty Limited (11092) v Sydney City Council.

JUDGMENT 1 Commissioner: This is two appeals heard together in regard to two adjacent restaurants in Darling Harbour both seeking occasional use as Places of Public Entertainment. The council granted approval to both using identical conditions, in the case of 11090 of 2007 the consent is DA1754/2007, and in the case of 11092 of 2007 the consent is DA1755/2007. Both appeals are in regard to Conditions Nos. 4A, 9, 16, 17, 28 and 32.

2 Appearing at the on-site component of the hearing were, for the respondent: Mr S Kondilios, solicitor; Ms N Johnston, solicitor; Ms S Gillett, para-legal; Mr A Labutis, town planner.