Proietti v City of Canada Bay Council [2019] NSWLEC 1480

Land and Environment Court New South Wales

Medium Neutral Citation: Proietti v City of Canada Bay Council [2019] NSWLEC 1480 Hearing dates: Conciliation conference on 3 October 2019 Date of orders: 09 October 2019 Decision date: 09 October 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure "A". (2) The Applicant is to pay those costs of the respondent that have been thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA-2018/0080 seeking consent for alterations and additions to an existing food and drink premises including approval for the use of the rear indoor dining room and an increase of internal seating from 20 to 30 patrons; and an extension of trading hours being Sunday to Wednesday: 7am to 4pm and Thursday to Saturday: 7am to 10pm on the land at 563 Great North Road, Abbotsford NSW 2046, subject to the conditions of consent annexed hereto and marked "A." Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2009 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Augusto Proietti (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)