Barzio Holdings Pty Limited v Woollahra Municipal Council (No.2)

Land and Environment Court New South Wales Medium Neutral Citation: Barzio Holdings Pty Limited v Woollahra Municipal Council (No.2) [2014] NSWLEC 1175 Hearing dates:8 August 2014, conditions 26 August 2014Decision date: 28 August 2014 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is upheld.2. DA 359/2012 for the use of a terrace building for a restaurant/bar, including alterations and additions to the building, at 6 Heeley Street Paddington is approved subject to the conditions in Annexure A.3. The exhibits are returned with the exception of exhibits 1, A and B. Catchwords: DEVELOPMENT APPLICATION: use of a terrace for a restaurant/bar, including alterations and additions to the building -further amendments result in council contentions being satisfactorily addressed - directions for amendments and other minor changes to be included in a fresh set of plans and amended conditions of consent - dispute over condition of consent restricting number of patrons Legislation Cited: Building Code of Australia Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995 Category:Principal judgmentParties: Barzio Holdings Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Mr R White, barrister (Applicant) Mr A Hudson, solicitor (Respondent) Andrew Fagent and Company (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):10910 of 2013 JudgmentCOMMISSIONER: This is an appeal against the refusal by Woollahra Municipal Council of DA 359/2012 for alterations and additions and use of a terrace building for a restaurant/bar at 6 Heeley Street Paddington (the site). The site also has a rear lane access to White Lane.On 1 May...