FTD Holdings (Concord West) Pty Ltd v City of Canada Bay Council [2025] NSWLEC 1054

Land and Environment Court New South Wales

Medium Neutral Citation: FTD Holdings (Concord West) Pty Ltd v City of Canada Bay Council [2025] NSWLEC 1054 Hearing dates: Conciliation conference on 4 and 19 December 2024 Date of orders: 31 January 2025 Decision date: 31 January 2025 Jurisdiction: Class 1 Before: Young AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA2024/0059 for the demolition of existing buildings and construction of 105 industrial units, tree removal, installation of infrastructure and landscaping at 7 Concord Ave Concord West NSW (legally known as Lot 1 in DP 219742), is determined by the grant of consent subject to the conditions contained in Annexure A. (3) Pursuant to s 8.15(3) of the EPA Act, the Applicant is to pay the City of Canada Bay Council's costs thrown away as a result of amending the Development Application, as agreed or assessed, within 28 days of these orders. Catchwords: DEVELOPMENT APPLICATION – construction of industrial units – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 City of Canada Bay Local Environment Plan 2013, cll 4.3, 4.4, 5.21, 6.1, 6.2, 6.10 Category: Principal judgment Parties: FTD Holdings (Concord West) Pty Ltd (Applicant) Canada Bay Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) B Salon (Solicitor) (Respondent)