B & S Fitness Pty Ltd v Council of the City of Sydney [2024] NSWLEC 1422

Land and Environment Court New South Wales

Medium Neutral Citation: B & S Fitness Pty Ltd v Council of the City of Sydney [2024] NSWLEC 1422 Hearing dates: Conciliation Conference 22 May, 5, 12, 25 June 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld; (2) Development Consent is granted to development application No D/2023/519 for alterations to use the premises as a gym, including new signage and new proposed trading hours between 6.00am and 6.10pm Monday to Friday and 8.00am to 10.00am Saturday, at 278 Palmer Street, Darlinghurst, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – gym – signage – trading hours - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Industry and Employment) 2021, ss 3.6, 3.8, Pt 3.3, Chs 2, 3 Sydney Local Environmental Plan 2012, cl 5.10 Texts Cited: Sydney Development Control Plan 2012 Sydney Community Participation Plan Category: Principal judgment Parties: B & S Fitness Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: C Rose (Solicitor)(Applicant) P Canning (Solicitor)(Respondent)

Solicitors: Wilshire Webb Staunton Beattie (Applicant) Council of the City of Sydney (Respondent) File Number(s): 2023/335770 Publication restriction: No