ABC Planning Pty Ltd v South Sydney City Council [2002] NSWLEC 255

Land and Environment Court of New South Wales

CITATION : ABC Planning Pty Ltd v South Sydney City Council [2002] NSWLEC 255 APPLICANT ABC Planning Pty Ltd PARTIES : RESPONDENT South Sydney City Council FILE NUMBER(S) : 10766 of 2001 CORAM: Brown C Development Application :- Alteration of four existing shops for a convenience store Heritage KEY ISSUES: Hours of operation Character Social impact Economic impact . LEGISLATION CITED: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 CASES CITED: DATES OF HEARING: 14 and 15 January 2002 DATE OF JUDGMENT: 01/25/2002

APPLICANT Mr M McMahon, solicitor M E McMahon and Associates LEGAL REPRESENTATIVES: RESPONDENT Ms C Schofield, solicitor Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BROWN C

25 January 2002

01/10766 ABC Planning Pty Ltd v South Sydney City Council

JUDGMENT 1 Commissioner: This is an appeal against the refusal by South Sydney Council of development application DA – 625/2001 for the use of the four shops at 11 Ward Avenue, Potts Point for a convenience store. 2 I record that I have had the benefit of a view of the site and surrounding area in the company of representatives of the parties.