Minus 5 Pty Limited v City of Sydney Council [2008] NSWLEC 1137

Land and Environment Court of New South Wales

CITATION : Minus 5 Pty Limited v City of Sydney Council [2008] NSWLEC 1137

APPLICANT Minus 5 Pty Limited PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 11226 of 2007

CORAM: Hussey C

KEY ISSUES: Section 96 Modification :- Late night trading hours, noise amenity, public interest, trial period.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2005

DATES OF HEARING: 10/03/2008

DATE OF JUDGMENT: 16 April 2008

APPLICANT Dr S. Berveling, barrister instructed by Mr C. Thompson of Gwynne Thompson Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Kondilios, solicitor with Ms P. Whitford of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

16 April 2008

11226 of 2007 Minus 5 Pty Limited v City of Sydney Council

JUDGMENT Background 1 Minus 5 has appealed against council's deemed refusal of a s 96 application to modify the conditions of consent for the operation of the ground level bistro/bar in the "Benelong Building" at Circular Quay. The modifications mainly relate to the management and hours of operation of part of the outdoor seating area (courtyard) near the Moore Stairs. This 'courtyard' has its primary access from the promenade and secondary access from a side entry door. There is also a fire escape door at the rear of the building.