NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Constantinidies v Waverley Council [2012] NSWLEC 1351 Hearing dates: 30 November 2012 Decision date: 30 November 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. DA-556/2011 for the use of the first floor area of 279 Bondi Road Bondi for a restaurant is approved subject to the conditions in Annexure A. 3. The exhibits are returned except for exhibits 2, A, and B. Catchwords: DEVELOPMENT APPLICATION: use of an unused first floor area for extension of an existing restaurant - noise - amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Development Control Plan 2010 Waverley Local Environmental Plan 1996 Waverley Local Environmental Plan 2012 Category: Principal judgment Parties: John Constantinidies (Applicant) Waverley Council (Respondent) Representation: Ms H Irish, barrister (Applicant) Ms C Morton, solicitor (Respondent) Solicitors Susan Hill & Associates Lawyers (Applicant) Sparke Helmore (Respondent) File Number(s): 10884 of 2012
Judgment 1COMMISSIONER: This is an appeal against the refusal by Waverley Council of DA 556/2011 for the use of an unused first floor area of the shop at 279 Bondi Road, Bondi for a restaurant to operate between 7 am and 11 pm seven days a week. The use of the first floor area is to be used in conjunction with an existing takeaway food shop operating at ground floor level. The first floor area is to contain eight tables and 34 seats. The area is not to be licensed but BYO alcohol is permitted. This shop operates between 10 am and midnight Monday to Saturday and 10 am to 9 pm Sundays and provides for BYO alcohol. 2A Plan of Management also accompanies the application and contains requirements relating to: 1. supervision and compliance with the conditions of consent, 2. maximum number of patrons, 3. hours of operation, 4. noise control, 5. bottle recycling and pickup times, 6. rubbish collection and storage, and 7. complaint management.
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