CAMERON CHISHOLM & NICOL v. STRATHFIELD MUNICIPAL COUNCIL [1998] NSWLEC 97 (22 May 1998) [1998] NSWLEC 43

NSW Caselaw

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Land and Environment Court of New South Wales

CITATION : CAMERON CHISHOLM & NICOL v. STRATHFIELD MUNICIPAL COUNCIL [1998] NSWLEC 97 (22 May 1998) [1998] NSWLEC 43 PARTIES : CAMERON CHISHOLM & NICOL v. STRATHFIELD MUNICIPAL COUNCIL [1998] NSWLEC 97 (22 May 1998) FILE NUMBER(S) : 10189 of 1997 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning & Assessment Act 1979 Strathfield Local Environmental Plan No.70 CASES CITED: Remath Investments (No 6) Pty Limited v Botany Bay Council, Matter Nos. 10465-6 of 1997, Talbot J, 9 March 1998 DATES OF HEARING: 11, 12 and 13 February 1998 DATE OF JUDGMENT: 05/22/1998

Mr S Austin QC LEGAL REPRESENTATIVES: Mr A Galasso, Barrister

JUDGMENT: These are Class 1 proceedings commenced on 3 April 1997 in which the applicant acts on behalf of the Franklins chain of supermarkets ("Franklins").

The proceedings concern the Franklins supermarket within the Strathfield Plaza development ("the Plaza") which is owned by Memo Corporation Australia Pty Limited and managed by JLW Centre Management.

The question at issue is the operation of the loading dock facilities that service that supermarket - in particular, its hours of operation.

The appeal is against the Council's imposition of a particular condition regarding the dock's operations and its refusal of an application made under s 102 of the Environmental Planning & Assessment Act 1979 ("EPAA") dated 28 January 1997 to vary that condition (see document 5 in Exhibit C5 ).

2. BACKGROUND

The relevant area of Strathfield is bounded by Raw Square on its west, Churchill Avenue on its north, Redmyre Road on its south and The Boulevard on its east.

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Document text

Land and Environment Court of New South Wales

Mr S Austin QC LEGAL REPRESENTATIVES: Mr A Galasso, Barrister

JUDGMENT: These are Class 1 proceedings commenced on 3 April 1997 in which the applicant acts on behalf of the Franklins chain of supermarkets ("Franklins").

The proceedings concern the Franklins supermarket within the Strathfield Plaza development ("the Plaza") which is owned by Memo Corporation Australia Pty Limited and managed by JLW Centre Management.

The question at issue is the operation of the loading dock facilities that service that supermarket - in particular, its hours of operation.

2. BACKGROUND

The relevant area of Strathfield is bounded by Raw Square on its west, Churchill Avenue on its north, Redmyre Road on its south and The Boulevard on its east.

Read full text →