Darlinghurst Road Holdings Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1041

Land and Environment Court New South Wales

Medium Neutral Citation: Darlinghurst Road Holdings Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1041 Hearing dates: 14, 15, 16 February 2011 Decision date: 16 February 2011 Jurisdiction: Class 1 Before: Murrell C Decision: 1. The appeal in respect of the property known as 33-35 Darlinghurst Road, Kings Cross is upheld; 2. The development application submitted to the Sydney City Council and as amended for a rooftop terrace with a maximum of 120 patrons and a rooftop smoking area for 20 patrons is determined by the granting of consent subject to the conditions in annexure A; and 3. The exhibits are returned to the parties except 6,D and L. Catchwords: Development Application for use of rooftop as a bar area and smokers facility. Late night trading area Noise impacts. Impact on amenity of surrounding area. Legislation Cited: Environmental Planning and Assessment Act 1979 South Sydney LEP 1998 South Sydney DCP 1997 City of Sydney Late Night Trading Premises Development Control Plan 2007 Development Control Plan for South Sydney 1997 Urban Design Industrial Noise Policy Cases Cited: Telstra Corporation v Hornsby [2006] NSWLEC 133 Category: Principal judgment Parties: Darlinghurst Road Holdings Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr C McEwen SC (Applicant) Mr M Staunton (Barrister) (Applicant) Mr C Drury (Solicitor) (Respondent) Solicitors: JDK Legal (Applicant) Sparke Helmore (Respondent) File Number(s): 10692 of 2010