NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Christmas Australia Pty Limited v Sydney City Council [2007] NSWLEC 250
APPLICANT Christmas Australia Pty Limited PARTIES : RESPONDENT Sydney City Council
FILE NUMBER(S) : 10068 of 2007
CORAM: Hussey C
KEY ISSUES: Development Application :- Christmas supplies retail, limited time consent, access conditions, compliance with BCA.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998
DATES OF HEARING: 04/05/2007
DATE OF JUDGMENT: 22 May 2007
APPLICANT Mr J. Hannaford, solicitor of Hannaford Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr S. Kondilios, solicitor of Maddocks Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
Date 22 May 2007
10068 of 2007 Christmas Australia Pty Limited v Sydney City Council
JUDGMENT Background. 1 This appeal is against several conditions of consent imposed on a retail/commercial development for the sale of Christmas supplies, equipment and decorations from premises located at 201 - 211 Botany Road, Waterloo. Included in the appeal conditions is the term of the development, which expired on 31 January 2007. The applicant contends that this time period should be 5 years, whereas the respondent contends the maximum period should be 2 years. Also, other conditions relating to access to the premises and building upgrading to BCA requirements should be amended, according to the applicant.
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