NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Nandos Australia Pty Ltd v Waverley Council [2010] NSWLEC 1245
APPLICANT Nandos Australia Pty Ltd PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10486 of 2010
CORAM: Fakes C
KEY ISSUES: CONSENT ORDERS - DEVELOPMENT APPLICATION :- Development Control Plan Practice and Procedure
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Waverley Local Environmental Plan 2006
CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 - revised - 01/10/2004
DATES OF HEARING: 18/08/2010 27/08/2010
DATE OF JUDGMENT: 31 August 2010
APPLICANT Ms S Hill - solicitor Susan Hill & Associates
LEGAL REPRESENTATIVES:
RESPONDENT Mr S Patterson - solicitor Wiltshire Webb Staunton Beattie Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
31 August 2010
10486 of 2010 Nandos Australia Pty Ltd v Waverley Council
JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (the EPA Act) against the refusal by Waverley Council (the council) to grant consent to DA No 53/2010 for the amalgamation of two shops into one and the fit out into a Nandos restaurant with external signage at 85-87 Hall Street, Bondi Beach. 2 The proposal also includes provision for limited outdoor seating in recesses created within the boundary of the site.
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