CSA Architects v City of Sydney Council [2005] NSWLEC 26

Land and Environment Court of New South Wales

CITATION : CSA Architects v City of Sydney Council [2005] NSWLEC 26

PARTIES : City of Sydney Council

FILE NUMBER(S) : 10064 of 2005

CORAM: Moore C

Development Consent :- KEY ISSUES: Modification of trading hours

CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373

DATES OF HEARING: 1 February 2005 EX TEMPORE JUDGMENT DATE : 02/01/2005

APPLICANT Mr M Fraser, barrister INSTRUCTED BY Back Schwartz Vaughan LEGAL REPRESENTATIVES: Solicitors

RESPONDENT Mr S Kondilios, solicitor Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

1 February 2005

04/11295 CSA Architects v City of Sydney

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 96(6) of the Environmental Planning and Assessment Act 1979 seeking a variation to a number of conditions of consent for a consent for a property at 728 Bourke Street, Redfern, being a consent granted on 27 August 2003 by the then South Sydney Council (the former council) to the change of use of a building from a convenience store to a cafe on part of the ground floor of the existing building with seating for twenty patrons.

2 The approval which has been granted by the former council is one which operates from 7am to 6pm Monday to Friday and from 8am until 2pm on Saturdays and Sundays. The applicant initially sought a variation to extend the trading hours from 7am to 10pm Monday to Friday and 8am to 10pm on Saturday and Sunday. 3 Mr Fraser, counsel for the applicant, has conceded that an extension to 10pm on Sunday night would be inappropriate and has, in effect, limited his application to an application to alter the conditions so as to provide 8am to 10pm trading on Saturdays and 8am to 6pm trading on Sundays.