Erolyarn v City of Sydney [2006] NSWLEC 631

Land and Environment Court of New South Wales

CITATION : Erolyarn v City of Sydney [2006] NSWLEC 631

APPLICANT Erolyarn Pty Limited PARTIES : RESPONDENT The Council of the City of Sydney

FILE NUMBER(S) : 10160 of 2004

CORAM: Brown C

KEY ISSUES: Appeal :- modification of development consent - trial period - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 29/09/06

EX TEMPORE JUDGMENT DATE : 09/29/2006

APPLICANT Ms M L Taylor, solicitor SOLICITORS Norman Waterhouse LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

29 September 2006

10160 of 2004 Erolyarn Pty Limited v The Council of the City of Sydney

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by the Council of the City of Sydney (the council) to modify DA No. U03-00914 that consented to the use of the premises at 1 – 17 Euston Rd, Alexandria for the retailing of homewares and appliances.

2 By way of background, consent (DA No. U02-00407) was granted on 9 September 2002 for a one-year trial to use the premises for the retailing of homewares and appliances. The consent was taken up in November 2003. A further application to continue the use the premises for the retailing of homewares and appliances (DA No. U03-00914) was lodged on 26 November 2003 and was refused by the council on 4 February 2004.