NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Anabia Pty Ltd v Inner West Council [2023] NSWLEC 1739 Hearing dates: Conciliation conference held on 1 December 2023 Date of orders: 07 December 2023 Decision date: 07 December 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA/2023/0587, which seeks to change operating hours to 24 hours, 7 days a week for an existing gym with associated signage on Lots 2 and 3 Deposited Plan 1261043, also known as 32-72 Alice Street, Newtown, is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – change in operating hours for gym – signage - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Inner West Local Environment Plan 2022, cl 2.3 Land and Environment Court Act 1979, s 34 Texts Cited: Inner West Community Participation Strategy 2022 Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Anabia Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)
Solicitors: Conomos Legal (Applicant) Inner West Council (Respondent) File Number(s): 2023/309751 Publication restriction: Nil
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