7 - Eleven Stores Pty Limited v Waverley Council [2008] NSWLEC 1205

Land and Environment Court of New South Wales

CITATION : 7 - Eleven Stores Pty Limited v Waverley Council [2008] NSWLEC 1205

APPLICANT PARTIES : 7 - Eleven Stores Pty Limited RESPONDENT Waverley Council

FILE NUMBER(S) : 10914 of 2004

CORAM: Hussey C

KEY ISSUES: Appeal - Section 96 Modification :- s.96 Modification to conditions for 1 year trial period for 24 hours/seven days per week operations

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 (WLEP) Waverley Development Control Plan 2006 (WDCP 2006)

CASES CITED: Architectural Property Services 1999 [NSW LEC 83]

DATES OF HEARING: 29/04/2008

DATE OF JUDGMENT: 4 June 2008

Mr James Johnson, barrister LEGAL REPRESENTATIVES: Instructed by Deacons Lawyers Mr Stephen Patterson, solicitor of Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

4 June 2008

10914 of 2004 7-Eleven Stores Pty Ltd v Waverley Council

JUDGMENT Background 1 This appeal was lodged against Council's refusal of a Section 96 application to modify the conditions of consent for the 7-Eleven Store situated at the corner of Hall and Gould Streets, Bondi. The applicant is seeking the removal of conditions that allowed a 12 month trial period for trading on a 24 hour 7 day (24/7) basis, so the development can operate these hours on a permanent basis.

2 Accordingly, the Council contends that: o The proposal does not satisfy the objectives of the 3(a) Business Zone, namely 1(c), which seeks to control the physical and functional characteristics so as to minimise their impact on neighbouring residential properties. o The proposed extended trading hours are excessive in this designated 'Area B', according to the DCP provisions. o The extended trading hours are not in the public interest.