Fobeza Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1696

Land and Environment Court New South Wales

Medium Neutral Citation: Fobeza Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1696 Hearing dates: Conciliation Conference 9 December 2022 Date of orders: 14 December 2022 Decision date: 14 December 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended application. (2) Development consent is granted to Development Application No. DA2022/0095 for temporary continued use of the existing outdoor dining area and alterations and additions to the existing pub known as the Illinois Hotel, including additional car parking, landscaping and signage at 13-15 and 21-23 Parramatta Road, Five Dock subject to the conditions at Annexure A. (3) The Applicant is to pay the Respondent's 'costs thrown away' pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $5,000.00 within 28 days. Catchwords: DEVELOPMENT APPLICATION – temporary outdoor dining use – alterations and addition to an existing pub – conciliation conference – agreement between the parties – orders made. Legislation Cited: Canada Bay Local Environmental Plan 2013 cll 4.3, 4.4 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Environmental Planning and Assessment Regulation 2021 s 37 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Industry and Employment) 2021 s 3.11, Sch 3 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Texts Cited: Canada Bay Development Control Plan 2017 Category: Principal judgment Parties: Fobeza Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: J Oldknow (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)