7-Eleven Stores Pty Ltd v Waverley Council [2007] NSWLEC 5

7-Eleven Stores Pty Ltd v Waverley Council [2007] NSWLEC 5

The s 96 modification is allowed on the basis of a further 12 months trial period, subject to conditions relating to service delivery, complaints management, and parking, as the operation to date generally complied with consent, no significant complaints were shown, and further assessment is required for permanent extension.

Parties
Applicant: 7-Eleven Stores Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
08 January 2007
Procedural Posture
Development Application Appeal / Determination of S 96 Modification Application
Outcome
appeal allowed
Legal Topics
Development Applications, Section 96 Modifications, Late Night Trading, Commercial Premises
Planning Law Environmental Law Development Applications Section 96 Modifications Late Night Trading Commercial Premises

Case Brief

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Parties

7-Eleven Stores Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Development Application Appeal / Determination of S 96 Modification Application

Legal Issues

  1. 1 Whether the s 96 modification application for extended 24 hour trading should be granted
  2. 2 Whether the proposed service delivery arrangements sufficiently address amenity and noise concerns
  3. 3 Appropriateness of a further trial period for late night trading

Ratio Decidendi

The s 96 modification is allowed on the basis of a further 12 months trial period, subject to conditions relating to service delivery, complaints management, and parking, as the operation to date generally complied with consent, no significant complaints were shown, and further assessment is required for permanent extension.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The s 96 Modification to the conditions of consent for the 7-Eleven Store at 15 Hall Street, Bondi Beach, is allowed subject to the conditions in Annexure A.