NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: The Artists' Outlook Pty Ltd v Wollongong City Council [2021] NSWLEC 1305 Hearing dates: Conciliation conference on 21 April 2021 Date of orders: 01 June 2021 Decision date: 01 June 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA-2019/644 for the use of part of an existing motel as a café/restaurant (premises) at Lot 2 Deposited Plan 578279 known as 222-226 Lawrence Hargrave Drive, Thirroul subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – café/restaurant within existing motel – existing use rights – conciliation – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 4.65, 8.7 Environmental Planning and Assessment Regulation 2000 cl 41 Land and Environment Court Act 1979 ss 30, 34 Wollongong Local Environmental Plan 2009 cl 7.3 Texts Cited: Illawarra Planning Scheme Ordinance 1968 Category: Principal judgment Parties: The Artists' Outlook Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: A Pearman (Applicant) J Reilly (Solicitor) (Respondent)
Solicitors: RMB Lawyers (Applicant) Wollongong City Council (Respondent) File Number(s): 2020/7171 Publication restriction: Nil
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