Arrow Marine Building Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1368

Land and Environment Court New South Wales

Medium Neutral Citation: Arrow Marine Building Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1368 Hearing dates: Conciliation conference held on 23 June 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application D/2021/1445, as amended, seeking additional use of a function centre to an existing restaurant, on Lot 2 in DP 1050360, Lot 22 in SP 69951 and Lot 11 in DP 883135, otherwise known as 26-28 and 34 Pirrama Road, Pyrmont, respectively is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – additional use to existing restaurant – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Land and Environment Court Act 1979, s 34 Sydney Local Environmental Plan 2012, cll 2.3, 5.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.24 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Texts Cited: Sydney Community Participation Plan 2019 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Arrow Marine Building Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: E Whitney (Solicitor) (Applicant) P Canning (Solicitor) (Respondent)