Sevenex Pty Ltd v Sydney City Council [2011] NSWLEC 1241

Land and Environment Court New South Wales

Medium Neutral Citation: Sevenex Pty Ltd v Sydney City Council [2011] NSWLEC 1241 Hearing dates: 26-28 July 2011 Decision date: 11 August 2011 Jurisdiction: Class 1 Before: Morris C Decision: (1)The appeal is dismissed. (2)Development Application No. D/2010/2128 for use of part of an existing commercial building at No 276-282 Devonshire Street, Surry Hills (the site) as a restaurant and microbrewery is refused. (3)The exhibits, other than Exhibits 1 and C are returned. Catchwords: DEVELOPMENT APPLICATION: Mixed Use Zone; Transitional precinct; Impacts on residential amenity; microbrewery and restaurant; noise; parking. Legislation Cited: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 Texts Cited: South Sydney Development Control Plan 1997: Urban Design; Late Night Trading Premises Development Control Plan 2007; Development Control Plan No. 11 - Transport Guidelines for Development 1996. Category: Principal judgment Parties: Sevenex Pty Limited (Applicant) Sydney City Council (Respondent) Representation: Counsel Mr P Clay (Applicant)

Mr I Hemmings (Respondent) Solicitors Mr D Thomas Wellings Lawyers (Applicant)

Ms M Flick Sydney City Council (Respondent) File Number(s): 10354 of 2011

Judgment 1This is an appeal pursuant to the provisions of s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed refusal by Sydney City Council (the council) of Development Application No. D/2010/2128 (the application) which proposes the use of part of an existing commercial building at No 276-282 Devonshire Street, Surry Hills (the site) as a restaurant and microbrewery. 2The issues in contention are whether the proposal is consistent with the council's zone objectives and planning controls and whether the site is suitable for the proposed development, in particular whether the development would adversely impact on the adjacent residential area in terms of noise, anti-social behaviour and demand for on-street parking.