7- Eleven Stores Pty Limited v Waverley Council [2009] NSWLEC 1253

7- Eleven Stores Pty Limited v Waverley Council [2009] NSWLEC 1253

The Court was satisfied, on Mr Strudwick's evidence and after undertaking a view, that the relevant criteria had been satisfied to allow the further trial period agreed by the parties, particularly because there had been no complaints regarding adverse amenity caused by the late night trading and external cleaning maintenance had improved the cleanliness of the immediate area.

Jurisdiction
Australia
Judgment Date
16 July 2009
Procedural Posture
Application Under Section 96(8) of the Environmental Planning and Assessment Act 1979 to Modify Conditions of Development Consent / Ex Tempore Judgment on Consent Orders
Outcome
Appeal upheld and Section 96(8) modification application granted by consent subject to conditions in Annexure A.
Legal Topics
['modification of Development Consent' 'late Night Trading' 'trial Period' 'amenity Impacts' 'retail Premises Operating Hours']
['planning and Environment' 'development Consent'] ['modification of Development Consent' 'late Night Trading' 'trial Period' 'amenity Impacts' 'retail Premises Operating Hours']

Case Brief

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Procedural Posture

Application Under Section 96(8) of the Environmental Planning and Assessment Act 1979 to Modify Conditions of Development Consent / Ex Tempore Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether Condition 2B of Development Consent No 300/2004 should be modified to allow the 7-Eleven Store at 15 Hall Street, Bondi Beach to trade between 12 midnight and 1.00 am, 7 days per week, for a further trial period of three years' 'Whether the relevant review criteria for late night trading had been satisfied, including complaints, compliance with consent conditions, management, waste management, transport availability and environmental impacts']

Ratio Decidendi

The Court was satisfied, on Mr Strudwick's evidence and after undertaking a view, that the relevant criteria had been satisfied to allow the further trial period agreed by the parties, particularly because there had been no complaints regarding adverse amenity caused by the late night trading and external cleaning maintenance had improved the cleanliness of the immediate area.

Court Disposition

Appeal upheld and Section 96(8) modification application granted by consent subject to conditions in Annexure A.

Orders

  • ['The Appeal is upheld.' 'The Section 96(8) Modification Application to modify Condition 2B of Development Consent No 300/2004 to allow the 7-Eleven Store located at 15 Hall Street, Bondi Beach to continue to trade between 12 midnight and 1.00 am, 7 days per week, for a further trial period of three (3) years is...