Whitehouse Properties Pty Limited v Waverley Council [2007] NSWLEC 264

Land and Environment Court of New South Wales

CITATION : Whitehouse Properties Pty Limited v Waverley Council [2007] NSWLEC 264

PARTIES : Whitehouse Properties Pty Limited v Waverley Council

FILE NUMBER(S) : 10917 of 2003

CORAM: Moore C

Development Consent :- Modification application KEY ISSUES: Licensed premises Impacts on residents Trial periods

Whitehouse Properties Pty Limited and Waverley Council [2004] NSWLEC 645; CASES CITED: 1643 Pittwater Road Pty Limited v Pittwater Council (2004) NSWLEC 685; Windy Dropdown Pty Limited v Warringah Council (2000) 111 LGERA 299; .

DATES OF HEARING: 16, 19, 23 and 27 February and 19 March 2007

EX TEMPORE JUDGMENT DATE : 19 March 2007

APPLICANT Mr C McEwen SC INSTRUCTED BY Terence W Riley Solicitor LEGAL REPRESENTATIVES:

RESPONDENT MR S Brockwell, barrister INSTRUCTED BY Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

19 March 2007

10917 of 2003 Whitehouse Properties Pty Limited v Waverley Council

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/