NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McDonalds Australia Limited v Botany Bay City Council [2012] NSWLEC 1007 Hearing dates: 11-14/10/2011 submissions on conditions filed 26/10/2011 Decision date: 20 January 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for construction of a McDonalds Restaurant, drive through facility, signage, car parking and associated landscaping at 279 Gardeners Road, Eastlakes is refused. 3. The exhibits may be returned. Catchwords: DEVELOPMENT APPLICATION - McDonalds restaurant and drive through. Traffic, residential amenity, noise, social impacts, signage, suitability of the site for the development, orderly and economic development and consistency with strategic planning for the area Legislation Cited: Environmental Planning and Assessment Act 1979 Botany Bay Local Environmental Plan 1995 State Environmental Planning Policy No 64 - Advertising Signage Cases Cited: BGP Properties v Lake Macquarie (2004) 138 LGERA 237. Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 45 Category: Principal judgment Parties: McDonalds Australia Limited (Applicant)
Botany Bay City Council (Respondent) Representation: Counsel Mr A Galasso, SC (Applicant)
Mr T Hale SC (Respondent) Solicitors Norton Rose (Applicant)
Housten Dearn O'Conner (Respondent) File Number(s): 10361 of 2011
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