PP Tike Group Pty Ltd v Council of the City of Sydney [2012] NSWLEC 1081

Land and Environment Court New South Wales

Medium Neutral Citation: PP Tike Group Pty Ltd v Council of the City of Sydney [2012] NSWLEC 1081 Hearing dates: 27, 28 February 2012 Decision date: 02 April 2012 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is dismissed. (2)Development Application No D/2011/963 for the change of use of existing retail space and artist studio, to a new licensed, fine dining restaurant with bar at the lower level and a maximum of 70 patrons at 263 - 265 Riley Street Surry Hills is refused. (3)The exhibits may be returned except A, 5, 6 and 7. Catchwords: DEVELOPMENT APPLICATION - Application for licensed fine dining restaurant, hours of trading, residential amenity, parking, amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2011 Cases Cited: Icon Hospitality Management Pty Ltd v City of Sydney Council [2007] NSWLEC 239 Sevenex Pty Ltd v Sydney City Council [2011] NSWLEC 1241 Category: Principal judgment Parties: PP Tike Group Pty Ltd (Applicant)

Council of the City of Sydney (Respondent) Representation: Counsel Mr A Galasso SC (Applicant)

Mr I Hemmings (Respondent) Solicitors Mr D O'Donnell Addisons Lawyers (Applicant)

Mr A Hawkes (Respondent) File Number(s): 10988 of 2011

Judgment

Background 1This appeal was lodged against council's deemed refusal of a development application for the use of an approved retail space for a licensed, fine dining restaurant, located at 263 - 265 Riley St, Surry Hills. 2The site has been the subject of a number of development consents including that granted on 15 December 2009, for alterations and additions to the existing heritage building and use of the building as an artist's workshop (lower ground floor), retail space and terrace with an artwork dome (ground floor), and a three bedroom apartment (first and second floors, and roof deck). It includes removal of a tree on the western boundary and construction of a three storey dwelling with basement car park at the rear of the heritage building facing Little Riley Street and Reservoir Street 3The contentions concern: * The consistency with the objectives of the South Sydney LEP, particularly objective (b) that it is of the scale and nature that does not enhance the quality of life and well-being of the local community. * It is inconsistent with the residential medium density zone objectives due to its scale and resultant amenity impacts. * Excessive hours of operation. * Noise impacts. * Parking amenity.