Garlick v Randwick City Council [2009] NSWLEC 1012

Land and Environment Court of New South Wales

CITATION : Garlick v Randwick City Council [2009] NSWLEC 1012

APPLICANT Sean Garlick PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 11055 of 2008

CORAM: Bly C

KEY ISSUES: DEVELOPMENT CONSENT :- change of use of an existing shop to a pie shop, extension of trading hours

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1998

DATES OF HEARING: 10 and 18 December 2008

DATE OF JUDGMENT: 15 January 2009

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

RESPONDENT Mr P. Tomasetti SC Instructed by Marsdens Lawyers.

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

15 January 2009

11055 of 2008 Sean Garlick v Randwick City Council

JUDGMENT Introduction 1 On 20 July 2000 the Randwick Council granted development consent (DA/428/2000) for the change of use of an existing shop to a pie shop at 266 Coogee Bay Road Coogee. That consent also extended the shop's trading hours to 7 a.m. to 2 a.m. seven days per week (condition 2). Subject to an appropriate lease, footpath dining (six seats and three tables) outside the shop was also approved.

2 The 45 m2 premises formerly known as Sergeant's Pies is now known as Garlo's Pies. It has an open shopfront and service counter spanning the width of the store. There is no seating or provision for customers to can assume their purchases on the premises. All of the pies sold are precooked hence there is no need for customers to wait for food to be prepared. The shop has a 24-hour, four camera, digitally recorded, video surveillance system with one of these cameras monitoring the whole of the front of the shop and the footpath directly outside the premises. 3 The applicant in the proceedings has now applied to the council under section 96(2) of the Environmental Planning and Assessment Act 1979 to vary condition 2 to extend hours of closing to 4 a.m. daily.