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

Land and Environment Court of New South Wales

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

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

FILE NUMBER(S) : 10143 of 2009

CORAM: Moore SC

DEVELOPMENT APPLICATION :- KEY ISSUES: Antisocial street behaviour Increase in patron numbers for nightclub

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan 1997 City of Sydney Late Night Trading Premises Development Control Plan 2007

Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373 CASES CITED: City of Sydney Council v De Cue Pty Ltd [2006] NSWLEC 763 Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99; (2006) 144 LGERA 408

DATES OF HEARING: 25, 26 and 27 August; 7 September 2009

DATE OF JUDGMENT: 16 September 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

16 September 2009

09/10143 Borg Architects Pty Limited v Council of the City of Sydney

JUDGMENT 1 SENIOR COMMISSIONER: Oxford Square is a public space located at the corner of Burton, Riley and Oxford Streets in Sydney's inner east. The square is a small space set below the footpath level of Oxford Street – its primary frontage. Oxford Square is sufficiently below the level of the Oxford Street footpath as to require metal railings as necessary protective measures along the edge of the footpath. These railings, coupled with the metal balustrades of the two sets of stairs leading from Oxford Street into Oxford Square and the metal balustrades of the two sets of stairways along its Riley Street frontage, effectively enclose Oxford Square and make it a separated element of the public domain.