Cday Electrical Services Pty Ltd v Burwood Council

Land and Environment Court New South Wales Medium Neutral Citation: Cday Electrical Services Pty Ltd v Burwood Council [2016] NSWLEC 1506 Hearing dates:Conciliation Conference: August 8; Hearing: 17 October 2016Date of orders: 01 November 2016 Decision date: 01 November 2016 Jurisdiction:Class 1Before: Dickson, C Decision: 1. The appeal is upheld2. Consent is granted to development application 2015/95 for the use of the site at 62-66 Parramatta Rd, Croydon as a food and beverage premises with associated parking and amenities, subject to conditions in Annexure A with the following amendments detailed at [38]3. The exhibits may be returned with the exception of A, B, C, 1 and 3. Catchwords: DEVELOPMENT APPEAL: Pursuant to S97(1) - no agreement at conciliation – residential amenity impact from food and beverage premises - operating hours - access and parking – appropriateness of conditions of consent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 64 Advertising and Signage Cases Cited: Jonah Pty Ltd v Pittwater Council [2006] NSWLEC 99   Kindimindi Investments Pty Ltd v Lane Cove Council [2006] 143 LGERA 277 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Texts Cited: Nil Category:Principal judgmentParties: Cday Electrical Services Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Solicitors: Mr Maley, Maclarens Lawyers (Applicant) Ms. McCulloch, Pikes & Vereker Lawyers (Respondent) File Number(s):2016/00163113Publication restriction:NoJudgment COMMISSIONER: This is an appeal, under s97 (1) of the Environmental Planning and Assessment Act...