NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McDonalds Australia Limited v Orange City Council [2013] NSWLEC 1211 Hearing dates: 29-30 October 2013 Decision date: 05 November 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development Application: Traffic and parking, compliance with planning controls, amenity impacts, hours of operation. Legislation Cited: Orange Local Environmental Plan 2011; Environmental Planning and Assessment Act 1979; Standard Instrument (Local Environmental Plans) Order 2006; Texts Cited: Orange Development Control Plan 2004; Draft Orange LEP 2010 Planning Strategy Category: Principal judgment Parties: McDonalds Australia Limited (Applicant)
Orange City Council (Respondent) Representation: Counsel Mr A Galasso SC (Applicant)
Mr M Seymour (Respondent) Solicitors Ms F Rourke Norton Rose Fulbright (Applicant)
Mr P Crennan Crennan Legal File Number(s): 10401 of 2013
Judgment 1McDonalds Australia Limited lodged Development Application No. 408/2012 with Orange City Council on 28 November 2012 seeking consent to construct a food and drink premises in Farrell Road, North Orange. The council has refused consent and McDonalds is appealing that decision. 2The main issues in the case relate to traffic and parking, amenity, compliance with the council's planning controls and hours of operation.
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