NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McDonald's Australia Limited v Wollongong City Council (No 2) [2021] NSWLEC 1752 Hearing dates: 26 November 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court Orders: (1) Within 2 business days the Council is to file in a form suitable for lodgement on the Planning NSW Portal an agreed set of conditions reflective of these reasons and the reasons given on 20 October 2021. Catchwords: DEVELOPMENT APPLICATION – restaurant/takeaway with drive through, small retail/commercial premises and childcare centre – neighbourhood centre – findings made – whether having regard to findings development application should be refused – or whether part of the development only should be approved and conditions reflecting the findings be imposed – whether orderly development of the residue of the site is constrained – whether in the absence of public notification of a changed development warrants refusal – whether the proposed changes have been assessed and are acceptable – conditions Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3(c), 4.16, 4.17, 8.7 Category: Principal judgment Parties: McDonald's Australia Limited (Applicant) Wollongong City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) T To (Respondent)
Solicitors: Allens (Applicant) Wollongong City Council (Respondent) File Number(s): 2020/210503 Publication restriction: Nil
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