Jones Lang Lasalle v Leichhardt Council [2011] NSWLEC 1013

Jones Lang Lasalle v Leichhardt Council [2011] NSWLEC 1013

The amenity impacts from extended trading hours on limited public holidays are adequately mitigated by the proposed conditions of consent and comprehensive plan of management, including trialling for 12 months, and noise and traffic issues are addressed to an acceptable degree.

Parties
Applicant: Jones Lang Lasalle; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
05 January 2011
Procedural Posture
Appeal Development Application Refusal / Judgment and Final Orders
Outcome
Appeal upheld; conditional development consent granted for 12-month trial period
Legal Topics
Extended Trading Hours, Amenity Impact, Plan of Management Conditions
Environmental Planning and Development Extended Trading Hours Amenity Impact Plan of Management Conditions

Case Brief

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Parties

Jones Lang Lasalle

Applicant

Leichhardt Council

Respondent

Procedural Posture

Appeal Development Application Refusal / Judgment and Final Orders

Legal Issues

  1. 1 Whether extended trading hours on public holidays would result in unreasonable amenity impacts to local residents
  2. 2 Whether a plan of management and conditions can appropriately mitigate amenity and noise concerns
  3. 3 Whether the trial period is appropriate for testing impact

Ratio Decidendi

The amenity impacts from extended trading hours on limited public holidays are adequately mitigated by the proposed conditions of consent and comprehensive plan of management, including trialling for 12 months, and noise and traffic issues are addressed to an acceptable degree.

Court Disposition

Appeal upheld; conditional development consent granted for 12-month trial period

Orders

  • The appeal is upheld.
  • Development consent is granted to DA-102/2009 for a trial period of 12 months, subject to conditions including a plan of management.