NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bayside Apartments v Woollahra Municipal Council [2004] NSWLEC 408 APPLICANT Bayside Apartments PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 11069 of 2004 CORAM: Murrell C KEY ISSUES: Development Application :- Whether on the facts the proposal for a licensed cafe is permissible in the zone. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan The Turnbull Group v North Sydney Council; CASES CITED: The Minister for Planning v Rose Bay Marina Pty Ltd ; Shire of Perth v O'Keefe and Ors. 1964 & North Sydney Council v Voights Radio & Electrial 1989 67 LGRA 344; Foodbarn Pty Ltd v The Solicitor General 1975 32 LGRA DATES OF HEARING: 30/06/2004 EX TEMPORE 06/30/2004 JUDGMENT DATE :
APPLICANT Ms E Denning-Franklin, solicitor Mr G Green, solicitor SOLICITORS Pike Pike and Fenwick LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan, barrister Mr M Connell, solicitor SOLICITORS Michell Sillar
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
30 June 2004
11069 of 2003 Bayside Apartments v Woollahra Municipal Council
JUDGMENT 1 This is a judgment for a matter that commenced on-site. The application is to serve alcoholic beverages in the approved cafe. The premises are known as 85-87 New South Head Road, Edgecliff, and nearing completion on the subject site is a new residential apartment building with some ground floor office-cum-commercial uses. The site is Zoned 3 (B) under the Woollahra Planning Scheme and known as Special Business. The description of the zone includes: The 3B business zone is a secondary commercial zone applying to a large area of the Edgecliff commercial centre and small sections of the Double Bay commercial centre. The scale of new development which may be achieved in this zone under floor space controls is less than that that which may occur in the general business A zone. A broad range of uses is permissible including dwellings attached to commercial and retail buildings, an urban consolidation initiative. The objectives of the zone are:
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