Moody v Waverley Council [2008] NSWLEC 1150

Land and Environment Court of New South Wales

CITATION : Moody v Waverley Council [2008] NSWLEC 1150

APPLICANT Tony Moody PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 11299 of 2007

CORAM: Hoffman C

KEY ISSUES: Section 96 Application :- Conditions of Consent, modification of approved plans, extension of trading hours, trial period

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Development Control Plan 2006

DATES OF HEARING: 02/04/2008

EX TEMPORE JUDGMENT DATE : 2 April 2008

APPLICANT Ms S. Hill, solicitor of Susan Hill and Associates LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

2 April 2008

11299 of 2007 Tony Moody v Waverley Council

JUDGMENT 1 This is a Class 1 Appeal, No 11299 of 2007 between Tony Moody and Waverley Council in regard to conditions of consent in DA 413/2006 for a pizzeria at No. 53 Glasgow Avenue, Bondi Beach, which is on the corner of Glenayr Avenue. The site is across Glenayr Avenue from the Beach Hotel.

2 The s 96 application to amend conditions 1 and 2 of the consent was dealt with by council in agreeing to the amendment of condition 1 which modified the approved plan of the pizzeria. However, council did not approve the amendment of condition 2 which sought to change the hours of operation and extend them until midnight. During the course of the appeal on condition 2 the parties have negotiated and come to Court with consent orders as in Exhibit 2 as annotated.