Borg Architects Pty Limited v Council of the City of Sydney (No 2) [2009] NSWLEC 1384

Land and Environment Court of New South Wales

CITATION : Borg Architects Pty Limited v Council of the City of Sydney (No 2) [2009] NSWLEC 1384

APPLICANT Borg Architects Pty Limited PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10143 of 2009

CORAM: Moore SC

KEY ISSUES: DEVELOPMENT APPLICATION :-

LEGISLATION CITED: Liquor Amendment (Temporary Licence Freeze) Act 2009

CASES CITED: Borg Architects Pty Limited v Council of the City of Sydney [2009] NSWLEC 1305

DATES OF HEARING: 25, 26 and 27 August; 7 September: 11 October and 12 November 2009

DATE OF JUDGMENT: 9 December 2009

APPLICANT Mr P McEwen SC INSTRUCTED BY LEGAL REPRESENTATIVES: DLA Phillips Fox

RESPONDENT Mr S Kondilios, solicitor Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

9 December 2009

10143 of 2009 Borg Architects Pty Limited v Council of the City of Sydney

JUDGMENT 1 SENIOR COMMISSIONER: The location and general circumstances of the premises of the nightclub known as The Gaff are set out in my earlier decision (see Borg Architects Pty Limited v Council of the City of Sydney [2009] NSWLEC 1305) in which I refused an application to permit an increase in patron numbers allowed within the nightclub.

2 However, in addition to the proposal to increase the number of patrons permitted within the premises, the application also includes an extension of the upper level operation of The Gaff into adjacent premises, within the same row of former 19th century shop frontages in Oxford Square, comprising that element of the terrace at the ground level to the west of the present portion of the terrace occupied by The Gaff. The Council of the City of Sydney (the council) also opposes this element of the application.