Harris Farm Markets Pty Limited v Willoughby City Council [2005] NSWLEC 40

Land and Environment Court of New South Wales

CITATION : Harris Farm Markets Pty Limited v Willoughby City Council [2005] NSWLEC 40

APPLICANT Harris Farm Markets Pty Limited PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 10097 of 2004

CORAM: Talbot J

KEY ISSUES: Development Consent :- deferred commencement consent condition to allow for modification of related development consent - incorporation of plan of management for suburban shopping centre.

LEGISLATION CITED: Willoughby Local Environmental Plan 1995

DATES OF HEARING: 25/5/2004, 26/5/2004, 24/9/2004, 26/11/2004, 8/12/2004 (written submissions), 17/12/2004 (written submissions), 20/12/2004 (written submissions).

DATE OF JUDGMENT: 02/10/2005

APPLICANT Mr P R Rigg (Solicitor) SOLICITORS Deacons LEGAL REPRESENTATIVES:

RESPONDENT Mr A M Pickles (Barrister) SOLICITORS Mallesons Stephen Jacques

JUDGMENT: 1 THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

10 February 2005

10097 of 2004 Harris Farm Markets Pty Limited v Willoughby City Council

JUDGMENT 1 Talbot J: On 3 January 1975 Development Consent No. 75/347 was granted to erect a neighbourhood shopping centre at 201 – 209 High Street, Willoughby, subject to conditions including a condition that the occupation of each of the individual use areas within the centre be the subject of a separate development application. On 8 October 1979 Development Consent No. 79/281 to erect fixtures and partitions for use as a fruit and vegetable market was granted in respect of the supermarket in the shopping complex known as High Street Markets, 201 High Street Willoughby. Building permit No. 874/79 was granted in respect of the shop fittings on 25 October 1979.