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Owners of Parramatta’s Roxy Theatre take legal action against Sydney Metro

The owners of a historic Parramatta theatre desperate to revive the venue are seeking compensation for “substantial loss and damage” from the NSW Government, claiming it is blocking the development.

The owners of the Roxy Theatre say it could have reopened five years ago if it were not for the Metro blocking it. Picture: Thomas Lisson
The owners of the Roxy Theatre say it could have reopened five years ago if it were not for the Metro blocking it. Picture: Thomas Lisson

The Roxy Theatre’s owners are seeking “substantial” compensation as they initiate legal action against the Sydney Metro for blocking access to restore the Parramatta building for more than 2000 patrons.

K Capital Group’s David Kingston has lodged a statement of claim in the NSW Supreme Court following accusations construction of the Metro has blocked progress on the 95-year-old building reopening despite previously having “unfettered access”.

In particular, he said Metro impeded access to the western boundary, which included fire exits and fire hydrants.

“Without access, Metro has sterilised the Roxy and prevented its renovation and reopening,’’ Mr Kingston said.

He said his initial complaint to Metro, which compulsorily acquired land surrounding the Roxy in 2019, was made in 2020 and alleged there was an unsatisfactory response.

The Metro West Parramatta station borders the Roxy Theatre.
The Metro West Parramatta station borders the Roxy Theatre.

He claims the Art Deco venue, which retains its 2002 development application to operate as a licensed hotel, could have reopened in 2020 with a cosmetic renovation if the Metro co-operated.

The case is listed for a directions hearing in the NSW Supreme Court on Thursday.

The Roxy’s owner is ready to revive the former cinema and nightclub. Picture Thomas Lisson
The Roxy’s owner is ready to revive the former cinema and nightclub. Picture Thomas Lisson

With the support of Parramatta Council, an alternative development application was lodged in 2024 when bars, restaurants and cafes were planned for 2380 patrons in the Roxy.

However, Mr Kingston said the Metro again refused access, including the side facing the future Civic Link.

In February, a council report stated that Metro had advised the council it would be open to beginning discussions about access with the applicant in 2027, once it had appointed the contractor for the station.

The delay has frustrated Mr Kingston, who has owned the former cinema since 2002 when it became a nightclub, before it shut in 2014.

How the revamped Roxy could look.
How the revamped Roxy could look.

His frustration with the state government also includes it not yet delivering on plans to undertake a final business case to support the Roxy.

“The NSW Government has publicly stated on multiple occasions they are undertaking a final business case to support the Roxy – however their last contact with me was over a year ago,’’ Mr Kingston said.

“The Roxy is at the centre of the long planned Civic Link and therefore is pivotal to its success – the renovated Roxy can be one of the top five hotel/entertainment complexes in Sydney.

“Yet concerningly, no progress has been possible as Metro has not provided access.’’

The $25bn, 24km Metro West line from Westmead to the Sydney CBD is expected to open in 2032.

A Sydney Metro spokeswoman said it was defending proceedings.

“Sydney Metro has been in ongoing dialogue with the Roxy owner since the commencement of the project in 2019, including in relation to the site access,’’ she said.

“Due to ongoing legal proceedings Sydney Metro is unable to provide comment on the matters raised.’’

She said the project would double rail capacity between Parramatta and the Sydney CBD.

Tunnelling and excavation are expected to be completed in 2026, and station construction and tunnel fit-out are expected to begin from 2027.

The Planning Department last week approved four commercial, residential and retail towers on the metro site at Parramatta.

Originally published as Owners of Parramatta’s Roxy Theatre take legal action against Sydney Metro

Original URL: https://www.thechronicle.com.au/news/nsw/owners-of-parramattas-roxy-theatre-take-legal-action-against-sydney-metro/news-story/a142d7feb91aef81be01eb0f07dc3b1e