Rifon 2 Pty Ltd v Sydney City Council [2007] NSWLEC 693

Land and Environment Court of New South Wales

CITATION : Rifon 2 Pty Ltd v Sydney City Council [2007] NSWLEC 693

APPLICANT Rifon 2 Pty Ltd PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 10375 of 2006

CORAM: Hoffman C

KEY ISSUES: Section 96 Application :- deemed refusal, restaurant/cocktail lounge, increase approved occupancy from 280 persons to 450 persons, increase adverse amenity impacts on nearby residents, trial period of 280 persons not yet commenced.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998

DATES OF HEARING: 4-5/09/2007

DATE OF JUDGMENT: 24 October 2007

APPLICANT Mr P. McEwen, SC instructed by Dr J. Smith of DLA Phillips Fox LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Kondilios, solicitor of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

23 October 2007

10375 of 2006 Rifon 2 Pty Ltd v Sydney City Council

JUDGMENT 1 Commissioner: This is a Class 1 Appeal No. 10375 of 2006 between Rifon 2 Pty Ltd and Sydney City Council in regard to a deemed refusal of an application under s 96AA(1) of the EP&A Act 1979 to amend Condition 39 of approval issued on 13 December 2006 by the Court. The Locality 2 The consent is to permit alterations of a former Hungry Jack's restaurant to become a licensed restaurant and cocktail lounge at 23-31 Darlinghurst Rd, Kings Cross. The site is on the north-eastern corner of Darlinghurst Rd and Springfield Plaza. The plaza extends through about 50m to the intersection of Springfield Ave and Earl Place. Those two streets meet at an obtuse angle that appears just a bend in the road since the closure of that part of Springfield that creates the plaza.