Vella v Canada Bay CC [2006] NSWLEC 477

Land and Environment Court of New South Wales

CITATION : Vella v Canada Bay CC [2006] NSWLEC 477

APPLICANT Richard Vella PARTIES : RESPONDENT City of Canada Bay Council

FILE NUMBER(S) : 10617 of 2005

CORAM: Hoffman C

KEY ISSUES: Deemed Refusal :- s.96 modification application to conditions 4 and 15 of development consent No.42/02, heritage item, on-street parking, hours of operation, noise nuisance to adjacent dwellings.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Drummoyne Local Environmental Plan 1986 Drummoyne Comprehensive Development Control Plan 1999 Site Specific DCP - Nestle Site Abbotsford Bay. Parking DCP.

DATES OF HEARING: 24/04/2006, 9/05/2006 and 22/06/2006

DATE OF JUDGMENT: 08/02/2006

APPLICANT Mr C. Gough, solicitor of Storey and Gough LEGAL REPRESENTATIVES:

RESPONDENT Ms J. Wauchope, barrister Instructed by Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

2 August 2006

10617 of 2005 Richard Vella v City of Canada Bay

JUDGMENT 1 This is an appeal against the Deemed Refusal of a s 96 modification application to conditions 4 and 15 of Development Consent No.42/02 issued by the Council on 2 July 2002, for a property at No.378 Great North Road, Abbotsford. It allowed the use of a heritage item as a restaurant. The building had been a recreation pavilion for employees and built by the Grace family of the department store fame, who were the original owners of what is called "the Nestle Site, Abbotsford Bay". The latter has been named Abbotsford Cove by the developers. The old marine villa mansion "Abbotsford House" was restored and maintained as part of the development.