Nandos Australia Pty Ltd v Waverley Council [2010] NSWLEC 1245

Nandos Australia Pty Ltd v Waverley Council [2010] NSWLEC 1245

The Court held that the proposed development was permissible under the relevant local environmental plan, complied with the applicable development control plan controls, and raised no planning issue on which the appeal could be refused. The planning-related concerns raised by objectors were adequately addressed by...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 August 2010
Procedural Posture
Class 1 Development Appeal Under S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Consent / Hearing for Consent Orders
Outcome
Appeal upheld; development consent granted by consent orders subject to conditions.
Legal Topics
['consent Orders' 'development Application' 'development Control Plan Compliance' 'restaurant Fit Out and External Signage' 'objector Submissions' 'odour, Noise, Litter, Traffic and Parking Impacts']
['planning and Environment' 'development Consent' 'practice and Procedure'] ['consent Orders' 'development Application' 'development Control Plan Compliance' 'restaurant Fit Out and External Signage' 'objector Submissions' 'odour, Noise, Litter, Traffic and Parking Impacts']

Source-derived case record

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Procedural Posture

Class 1 Development Appeal Under S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Consent / Hearing for Consent Orders

Legal Issues

  1. 1 ['Whether consent orders should be made granting development consent for DA No 53/2010 for amalgamation of two shops and fit out as a Nandos restaurant with external signage at 85-87 Hall Street, Bondi Beach.' 'Whether the proposed development was permissible and complied with the Waverley Local Environmental Plan and Waverley Development Control Plan.' 'Whether objections concerning character, intensification of use, odour, litter, traffic, parking, antisocial behaviour, loading, outdoor seating and corporate ownership justified refusal or further conditions.']

Ratio Decidendi

The Court held that the proposed development was permissible under the relevant local environmental plan, complied with the applicable development control plan controls, and raised no planning issue on which the appeal could be refused. The planning-related concerns raised by objectors were adequately addressed by the proposed conditions of consent, and non-planning objections such as the applicant's corporate status did not justify refusal. Consent orders granting development consent were therefore appropriate.

Court Disposition

Appeal upheld; development consent granted by consent orders subject to conditions.

Orders

  • ['Appeal No 10486 of 2010 is upheld.' 'Development Application No. 53/2010 for the amalgamation of two shops into one for the fit out of a "Nandos" restaurant with external signage at 85-87 Hall Street Bondi Beach is determined by the granting of consent subject to the conditions set out in Annexure A.' 'The...