7-Eleven Stores Pty Ltd v Waverley Council [2004] NSWLEC 591

Land and Environment Court of New South Wales

CITATION : 7-Eleven Stores Pty Ltd v Waverley Council [2004] NSWLEC 591 APPLICANT 7-Eleven Stores Pty Ltd PARTIES : RESPONDENT Waverley Council FILE NUMBER(S) : 10925 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- Conversion of a building into a convenience store - economic impact and competition - traffic congestion and goods unloading - security and anti-social behaviour LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 21/10/2004 EX TEMPORE 10/21/2004 JUDGMENT DATE :

APPLICANT Mr A Galasso, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr M A Staunton, solicitor SOLICITORS Staunton Beattie

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

21 October 2004

10925 of 2004 7 – Eleven Stores Pty Ltd v Waverley Council

JUDGMENT 1 This appeal involves a development application for the change of use and fit out of an existing two-storey commercial building for a 24-hour, seven days per week convenience store. Works associated with the proposal include alterations to the external facade including new doors and signage. The ground floor level will be used as a retail space and the upper level of the building will be utilised as an office space associated with the convenience store.

2 The site comprises No 1 Bronte Rd., Bondi Junction being Lot X in DP 313798. The subject building forms part of a row of retail shops nine has 1-3 Bronte Rd which have their "retail facade" listed as a heritage item. No issue was raised in the heritage context.