Davidson v Council of Sydney of Sydney [2008] NSWLEC 73

Land and Environment Court of New South Wales

CITATION : Davidson v Council of Sydney of Sydney [2008] NSWLEC 73 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Stephen Davidson PARTIES : RESPONDENT Council of City of Sydney

FILE NUMBER(S) : 10915 of 2007

CORAM: Hussey C

KEY ISSUES: Section 96 Modification :- Limited time consent for car wash, part of land required for future road and parking

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 1 State Environmental Planning Policy No. 55 South Sydney Local Environment Plan 1998

DATES OF HEARING: 21/12/2008

DATE OF JUDGMENT: 20 February 2008

APPLICANT Ms H. Irish, barrister instructed by Mr B.T. Goldsmith of B T G Planning LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Kondilios, solicitor with Ms N. Johnson, solicitor of Maddocks

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

20 February 2008

10915 of 2007 Stephen Davidson v Council of Sydney City

JUDGMENT Background. 1 Mr Davidson has lodged an appeal against condition 10 of Council's development consent for a car wash facility at 19-21 Lachlan Street, Waterloo. This condition restricts the car wash operation to a 3 year period. Mr Davidson contends that a reasonable time period is 9 years. Consequently the only issue in these proceedings concerns the time period limitation for this consent, because all the other conditions are agreed by the parties. 2 The development involves: - Demolition of existing buildings and structures with the exception of the rear wall. - Construction of a car wash, associated cafe, shade sail structures, a recycling equipment room, staff amenities and storerooms. - The cafe proposes indoor and outdoor seating for 76 people. - Proposed hours of operation; Monday to Friday 7 a.m. to 7 p.m., Saturday 8 a.m. to 5:30 p.m. and Sunday 9 a.m. to 5 p.m.