Solowave Pty Ltd v Sydney City Council [2008] NSWLEC 1326

Land and Environment Court of New South Wales

CITATION : Solowave Pty Ltd v Sydney City Council [2008] NSWLEC 1326

APPLICANT Solowave Pty Limited PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11504 of 2004

CORAM: Murrell C

KEY ISSUES: Development Consent :- Section 96 Modification Application - further trial of extended hours of operation; noise compliance; security; impact on surrounding area; non compliance with conditions of consent.

Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 LEGISLATION CITED: State Local Environmental Plan 2005 Central Sydney Development Control Plan 1996 City of Sydney Development Control Plan - Late Night Trading Premises 2007

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167

DATES OF HEARING: 03/04/2008; 04/04/2008; 05/04/2008; 17/12/2007; 01/06/2006; 02/06/2006; 24/07/2006

DATE OF JUDGMENT: 12 August 2008

APPLICANT Mr D. Wilson, barrister, Instructed by Mr A. Whealy LEGAL REPRESENTATIVES: of Gadens Lawyers

RESPONDENT Mr S. Kondilios, solicitor, of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

12 August 2008

11504 of 2008 Solowave Pty Limited v City of Sydney Council

JUDGMENT 1 The applicant is appealing against the Council's refusal of an application to modify the consent, issued on 24 July 2006, for the hours of operation of a nightclub on the first floor level of the premises known as 31-33 Oxford Street, Darlinghurst. The applicant is seeking to have Condition 6 amended such that it would allow the continuation for a further twelve months of the trial period for extended late night trading of the establishment.