Alahmad v Randwick City Council [2011] NSWLEC 1240

Land and Environment Court New South Wales

Medium Neutral Citation: Alahmad v Randwick City Council [2011] NSWLEC 1240 Hearing dates: 14 July 2011 Decision date: 16 August 2011 Jurisdiction: Class 1 Before: Hussey C Decision: Appeal dismissed, development consent refused Catchwords: DEVELOPMENT APPLICATION - extended hours, late-night trading, anti-social behaviour Legislation Cited: Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1998 Randwick Development Control Plan Cases Cited: Garlick v Randwick City Council [2009] NSWLEC 1012 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 revised - 01/10/2004 Category: Principal judgment Parties: Yasser Alahmad (Applicant)

Randwick City Council (Respondent) Representation: Counsel Mr J Doyle (Applicant) Solicitor Mr P Rigg (Respondent) File Number(s): 10243 of 2011

Judgment

Background 1This appeal was lodged against council's refusal of application to modify the hours of operation of a convenience store located at 250 Coogee Bay Road, Coogee. 2The shop is located within a two-storey building situated between Arden Street and Brook Street. It has a 4.6m frontage. The locality is within the general business strip of Coogee, which predominantly consists of restaurants and take-away foods facilities with shop top/first floor residential accommodation. 3The Coogee Bay Hotel is located immediately across the road and extends towards the intersection of Coogee Bay Road and Arden Street. A Woolworths supermarket is located in the Coogee Bay Village centre and trades up until 10 pm, 7 days a week. 4Development consent was granted to the convenience store in September 2008, subject to the operating hours of 6 am to 12 am Monday to Saturday and 6 am to 10 pm on Sunday. The modification sought is to operate from 6 am to 3 am, 7 days a week. 5The main issue identified by Council concerns social impacts arising from late-night trading.