Woolworths Limited v Canada Bay Council [2004] NSWLEC 64

Land and Environment Court of New South Wales

CITATION : Woolworths Limited v Canada Bay Council [2004] NSWLEC 64 APPLICANT Woolworths Limited PARTIES : RESPONDENT Canada Bay Council

FILE NUMBER(S) : 11003 of 2003 CORAM: Hoffman C Appeal :- extension of hours of trading adverse impacts on the amenity of dwellings adjoining and adjacent KEY ISSUES: delivery trucks manoeuvring near houses to enter and leave the loading bay proximity of the loading bay to dwellings overflow customer and staff parking in the residential street and associated nuisances.

LEGISLATION CITED: Concord Planning Scheme Ordinance 1969 CASES CITED: DATES OF HEARING: 27/01/2004, 28/01/2004 and 29/01/2004 EX TEMPORE 01/29/2004 JUDGMENT DATE :

APPLICANT Ms J Jagot, barrister instructed by Ms E Carroll, solicitor of Cors Chambers Westearth

LEGAL REPRESENTATIVES: RESPONDENT Mr D Baird, solicitor instructed by Ms J Wauchope, of Maddocks

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11003 of 2003

Hoffman C

29 January 2004

Woolworths Limited Applicant v

Canada Bay Council Respondent

Judgment

1. This was a class 1 appeal number 11003 of 2003 between Woolworths Limited and Canada Bay Council in regard to the refusal of consent for extension of hours of trading and deliveries at a supermarket on the corner of Concord Road and Station Street North Strathfield.