7 - Eleven Stores Pty Limited v Waverley Council [2008] NSWLEC 1205

7 - Eleven Stores Pty Limited v Waverley Council [2008] NSWLEC 1205

Permanent 24/7 trading is not permitted as it would result in diminution of residential amenity and is inconsistent with the objectives of the zone and Development Control Plan provisions for Area B. DCP 2006 provisions and evidence of adverse impacts outweigh any benefits identified by applicant’s surveys. A balanced approach permits an extension of operating hours to 1am for a 12-month trial period, consistent with DCP provisions.

Jurisdiction
Australia
Judgment Date
04 June 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld in part.
Legal Topics
['modification of Development Consent' 'trading Hours' 'residential Amenity' 'extended Trading Hours' 'trial Period Conditions']
['planning Law' 'local Government Law'] ['modification of Development Consent' 'trading Hours' 'residential Amenity' 'extended Trading Hours' 'trial Period Conditions']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether permanent 24/7 trading for a convenience store is permissible under local planning controls and consistent with zone objectives' 'Whether the extended trading hours adversely impact residential amenity' 'Whether public interest is served by allowing 24/7 trading']

Ratio Decidendi

Permanent 24/7 trading is not permitted as it would result in diminution of residential amenity and is inconsistent with the objectives of the zone and Development Control Plan provisions for Area B. DCP 2006 provisions and evidence of adverse impacts outweigh any benefits identified by applicant’s surveys. A balanced approach permits an extension of operating hours to 1am for a 12-month trial period, consistent with DCP provisions.

Court Disposition

Appeal upheld in part.

Orders

  • ['The s 96 modifications to DA 300/2004 for the 7-Eleven Store at Hall Street, Bondi are allowed subject to the conditions in Annexure A.' 'The exhibits may be returned except for 2, 4 and B.']