McDonalds Australia Ltd v Randwick City Council [2006] NSWLEC 630

Land and Environment Court of New South Wales

CITATION : McDonalds Australia Ltd v Randwick City Council [2006] NSWLEC 630

APPLICANT McDonalds Australia Ltd PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10223 of 2006

CORAM: Bly C

KEY ISSUES: Development Application :- McDonalds' restaurant, streetscape and character, residential amenity, existing use

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulations 2000 Randwick Local Environmental Plan 1998

CASES CITED: Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71; Project Venture Developments v Pittwater Council [2005] NSWLEC 191

DATES OF HEARING: 8-10/08/2006

DATE OF JUDGMENT: 10/06/2006

APPLICANT Mr J Webster, SC Instructed by: Ms B Peatman, solicitor Of: Hunt and Hunt LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan, barrister Instructed by: Ms T Litt, solicitor Of: Bowen & Gerathy

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

6 October 2006

10223 of 2006 McDonalds Australia Ltd v Randwick City Council

JUDGMENT Introduction 1 This appeal involves development application No. DA/1/2006 which is for the demolition of existing buildings and the construction of a two-storey McDonalds' restaurant including drive through take-away food service at 54 Maroubra Road and 59-63 Royal Street, Maroubra ("the proposal"). The restaurant is to provide 67 seats with parking for 29 vehicles in a car park having frontages to Maroubra Road and Royal Street. A number of advertising signs including a 6 m high pylon sign 3.6 by 3.6 m are proposed. It will operate between the hours of 6 a.m. to midnight, seven days a week.