Colin Joss & Co. Pty Ltd v Albury City Council [2004] NSWLEC 713

Land and Environment Court of New South Wales

CITATION : Colin Joss & Co. Pty Ltd v Albury City Council [2004] NSWLEC 713 APPLICANT Colin Joss & Co. Pty Ltd PARTIES : RESPONDENT Albury City Council

FILE NUMBER(S) : 10509 of 2004 CORAM: Brown C KEY ISSUES: Development Consent :- consent orders - modification of consent for the erection of a fast food outlet and carwash facility - extended operating hours - noise.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 6/10/2004 EX TEMPORE 10/06/2004 JUDGMENT DATE :

APPLICANT Mr J Sloane, solicitor SOLICITORS James G Sloane Solicitors

LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan, barrister SOLICITORS Kell Moore Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

6 October 2004

10509 of 2004 Colin Joss & Co. Pty Ltd v Albury City Council

JUDGMENT

1 This matter originally comes before the Court as a contested appeal in relation to the refusal of an application to modify a consent granted by Albury City Council (the council) for the erection of a KFC fast food outlet, carwash facility and car parts, wholesale and retail facility at the corner of David and Hume Street, Albury (the site).

2 The conditions in dispute were condition 42 that required the KFC restaurant to operate between 6am and 10pm, and condition 48, that required the carwash facility to operate between 7am and 7pm. The proposed amendment sought to extend the operating hours of the KFC restaurant from 6am till 11pm and for the carwash from 6am till 11pm.