Court approves Breakfast Point gym in former cricket centre
The Land and Environment Court upheld Jhonattan Granada's appeal on 12 November 2026 and granted consent for a gym at 23 Tennyson Road, Breakfast Point.
- Source Briefing
- Public record
Court documents show the Land and Environment Court of New South Wales upheld an appeal by Jhonattan Granada on 12 November 2026 and granted development consent for a gymnasium at 23 Tennyson Road, Breakfast Point, in the City of Canada Bay. The council had refused the application, DA2026/0018.
Why it matters
The decision, [2026] NSWLEC 1755, was made by Acting Commissioner Miller in the Court’s Class 1 merit appeal jurisdiction. It follows conciliation conferences held on 6 October and 4 November 2026, and the orders were made by agreement between the applicant and the council.
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The judgment records that the Court was satisfied it could lawfully make the agreed orders under section 34(3) of the Land and Environment Court Act. It did not assess the merits of the application under section 4.15 of the Environmental Planning and Assessment Act.
The proposal is a change of use of an existing cricket training centre to an indoor recreation facility, described as a gymnasium. It also covers car parking, bicycle parking, an internal fit-out and signage. The judgment says the works sit wholly within the existing building and that no change to building height is proposed.
The site is zoned R1 General Residential under the Canada Bay Local Environmental Plan 2013. Indoor recreation facilities are not generally permitted in that zone, but the judgment says the land is mapped APU28, and clause 28 of Schedule 1 permits them with consent.
The numbers
The proposed floor space ratio is 0.5:1, against a permitted 0.75:1. The council notified the application from 12 February to 6 March 2026 and received 30 objection submissions. The judgment says the parties considered those submissions in reaching agreement.
The orders require the applicant to pay the council’s costs thrown away because of amendments to the application, agreed at $3,000, within 28 days.
Amendments made during the appeal added motorcycle parking, revised the vehicle and bicycle parking layouts, and updated the plan of management to address complaints handling.
What’s next
Consent is granted subject to the conditions in Annexure A of the judgment. The page does not set out those conditions in the text we reviewed, and it does not give an opening date or an operator.
The judgment states that the former AGL fence, gates and entry pavilion, a local heritage item, is not affected. It also records that the site has an industrial history and that contamination is considered unlikely, so no further investigation was required.
Our earlier report on a Randwick consent granted by the Court covers another recent appeal outcome. The remaining step here is for the applicant to act on the consent and meet the costs order within the 28-day period.
Quick answers
Did Court approve the Breakfast Point gym in former cricket centre?
The Land and Environment Court upheld Jhonattan Granada's appeal on 12 November 2026 and granted consent for a gym at 23 Tennyson Road, Breakfast Point.
What are the key numbers in this story?
proposed FSR: 0.5:1; objections: 30; costs: $3,000.
Where does this information come from?
This story cites Land and Environment Court of NSW, including the public record (Land and Environment Court of NSW). Every source is linked on the page.
On the record
The Court upheld the appeal and granted consent for DA2026/0018 at 23 Tennyson Road, Breakfast Point, with the applicant paying $3,000 in council costs.
Public record · caselaw.nsw.gov.au
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