Moody v Waverley Council [2008] NSWLEC 1150

Moody v Waverley Council [2008] NSWLEC 1150

Consent orders modifying trading hours for a trial period are appropriate given the submissions, documents, notification, and absence of sufficient reason to refuse.

Parties
Applicant: Tony Moody; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
02 April 2008
Procedural Posture
Class 1 Appeal / Judgment on Consent Orders
Outcome
Appeal upheld by consent
Legal Topics
Development Consent Modification, Trading Hours Extension, Section 96 Application, Trial Period of Operation
Environmental Law Planning Law Development Consent Modification Trading Hours Extension Section 96 Application Trial Period of Operation

Case Brief

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Parties

Tony Moody

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment on Consent Orders

Legal Issues

  1. 1 Whether the conditions of consent should be modified to allow an extension of trading hours for a pizzeria
  2. 2 Whether a trial period for later hours in a neighbourhood zone is appropriate

Ratio Decidendi

Consent orders modifying trading hours for a trial period are appropriate given the submissions, documents, notification, and absence of sufficient reason to refuse.

Court Disposition

Appeal upheld by consent

Orders

  • The appeal is upheld.
  • The application to modify Development Consent No. DA 413/2006 is determined by modification of Condition 2 as set out in Annexure A.