Cthurmer v Waverley Council [2012] NSWLEC 1258

Land and Environment Court New South Wales

Medium Neutral Citation: Cthurmer v Waverley Council [2012] NSWLEC 1258 Hearing dates: 23 August 2012 Decision date: 11 September 2012 Jurisdiction: Class 1 Before: Tuor C Decision: (1)The appeal is upheld. (2)The development application to extend the trading hours of a café/restaurant at Shop 7 & 8, 767-771 Old South Head Road, Vaucluse, is approved subject to the conditions in Annexure A. (3)The exhibits, except Exhibit B, may be returned. Catchwords: DEVELOPMENT APPLICATION - trading hours, impact on residential amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996 Category: Principal judgment Parties: Mr Michael Cthurmer (Applicant)

Waverley Council (Respondent) Representation: Mr P Rigg, solicitor (Applicant)

Mr K Webber, solicitor (Respondent) Solicitors Norton Rose (Applicant)

Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10550 of 2012

Judgment 1This is an appeal against the refusal by Waverley Council (council) of a development application (17/2012) for an extension of trading hours for Shops 7 and 8, 767-771 Old South Head Road, Vaucluse (site). 2A development application (93/2012) for the use of Shops 7 and 8 as a café/restaurant was approved on 2 June 2012 subject to conditions, including approved hours of operation from 7 am to 7 pm Monday to Friday and 9 am to 4 pm Saturday and Sunday. 3The development application (17/2012) seeks to change the approved hours of Shop 7 and 8 to be 7 am to 9 pm Monday to Sunday.