Roxy Theatre owners threaten legal action against Sydney Metro
K Capital says it will lodge a statement of claim against Sydney Metro. (ABC News: Quentin Theron)
In short:
Roxy Theatre's owners are threatening to take legal action against Sydney Metro, accusing it of blocking development of the complex.
K Capital says Sydney Metro has barricaded access to the Roxy's western boundary of the site, inlcuding fire exits.
Sydney Metro has been contacted for a response.
Owners of the Roxy Theatre in Parramatta have threatened legal action against Sydney Metro, accusing it of blocking development of the near-century-old building.
K Capital's David Kingston told the ABC his company had moved to submit a statement of claim against Sydney Metro for "severe interference" related to accessing the Roxy Theatre.
The company has for years sought to develop the cinema complex into an entertainment precinct with restaurants and bars.
The Roxy Theatre is located on George Street at Parramatta. (ABC News: Quentin Theron)
But the developer's most recent application to the City of Parramatta was refused, partly because Sydney Metro did not approve the use of its land.
"The Roxy has been ready to be renovated and reopen since late 2019, however, it has been improperly quarantined by Metro's planning and actions," Mr Kingston said.
"There has been dialogue with Metro which is ongoing. However, a formal Statement of Claim against Metro is being finalised."
Mr Kingston has accused Sydney Metro of barricading access to the Roxy's western boundary, including fire exits, after it compulsorily acquired the surrounding land in 2019.
"The 2002 DA [development application] is fully approved and once Metro's interference is removed, the 2002 DA can be reactivated with a cosmetic renovation but no structural works," he said.
The theatre was built in the 1930s as one of Australia's premier theatre palaces. (ABC News: Quentin Theron)
The ABC has contacted Sydney Metro for a response.
Sydney Metro said the western suburbs metro line to Parramatta was on track to open in 2032.
Designed in Spanish Baroque style, the nearly 2,000-seat theatre was built in the 1930s as one of Australia's premier theatre palaces.
Hoyts purchased the property in 1946, before K Capital took over the site in 2002 and converted it into an entertainment complex.
But it was closed in 2014 and has since fallen into a state of disrepair.
K Capital proposed transforming the site into a 29-storey mixed-use development, but it was rejected by the council and the Environment Court of NSW.
David Kingston has accused Sydney Metro of preventing development. (Supplied: RAA Architects )
The company's most recent development application to transform the site into a restaurant, bar and nightlife precinct was also rejected by the City of Parramatta in February.
The notice of determination said Sydney Metro had not provided consent to the Roxy's owners to use the adjoining land.
"It has not been demonstrated that arrangements are in place for orderly and efficient vehicle access to the site for both construction and operational purposes," the notice said.
Heritage concerns for Roxy redevelopment
One community group has raised concerns about K Capital's plans for the Roxy and said the developer's proposal did not respect the building's structure.
Robert Fox from the Roxy Theatre Action Group said his group wanted to see the theatre restored to its former glory.
The Roxy Theatre when Hoyts owned the complex. (Supplied)
"He [Mr Kingston] wanted to build an office block right through the guts of the theatre, a multi-storey office block, and that of course would have destroyed any potential for the theatre to be restored," Mr Fox said.
"It's so much a part of the Parramatta experience for anyone who lived in Parramatta, that was what everyone did. They went to the Roxy."
Mr Fox said his group wanted the City of Parramatta to purchase the site and undertake urgent repairs.
"The first thing is for the council to save it, to actually acquire and own it, and just fix up the leaks and make sure it's not going to deteriorate any further," he said.
"The council supported by the state government, needs to engage with David Kingston and just persuade him to let it go."
Business group backs Roxy development
Business Western Sydney executive director David Borger rejected Mr Fox's suggestion and said the council's purchase of the site would "bankrupt the City of Parramatta".
Mr Borger said he was eager to see the theatre open again as part of a wider music and entertainment precinct in Parramatta.
David Borger says he supports the development of the Roxy. (Supplied)
While there were some "excellent elements" of K Capital's proposal, he said it was important to maintain the heritage of the building and existing seat capacity.
"There is something important in keeping the critical capacity for a venue, and if the seats get reduced in scale, you just can't use it for entertainment purposes anymore," Mr Borger said.
"I think there's a deal to be done between the government and the owner to try and rehabilitate the theatre and get it open again."
In a statement, City of Parramatta Lord Mayor Martin Zaiter said the council had no plans to purchase the site.
"A commitment of funds from the State or Federal Government for the revitalised Roxy Theatre is one of the many key City-shaping projects that Council is advocating for to accelerate the transformation of one of the fastest-growing global cities in Australia," it said.
Heritage Minister Penny Sharpe said the state government supported the redevelopment of the Roxy Theatre site in a way that respected the building's history.
"The NSW Government strongly supports a reactivation of Roxy Theatre which also protects and complements its State heritage significance," Ms Sharpe said in a statement.