Qasem v Council of the City of Sydney [2014] NSWLEC 1118

Land and Environment Court New South Wales

Medium Neutral Citation: Qasem v Council of the City of Sydney [2014] NSWLEC 1118 Hearing dates: 20 June, 2014 Decision date: 24 June 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Modification Application No. D/2000/177/A to modify the trading hours of the "City Convenience Store" at 137 King Street Newtown is refused. 3. The exhibits, other than exhibit 2, are returned. Catchwords: MODIFICATION APPLICATION: modify trading hours; non-compliance with Local Centre Area trading hours; amenity of neighbouring residences; precedent. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Segal & Anor v Waverley (2005) NSWLR 177 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Ozden v Council of the City of Sydney [2011] NSWLEC 1147 Category: Principal judgment Parties: Anan Qasem (Applicant) Council of the City of Sydney (Respondent) Representation: Ms L. Saw Barrister (Applicant) Mr A. Simpson Solicitor (Respondent) Ross Creighton (Agent) (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10168 of 2014

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97AA of the Environmental Planning and Assessment Act 1979 against the refusal of Modification Application No. D/2000/177/A to modify the trading hours of the "City Convenience Store" (the proposal) at 137 King Street, Newtown (the site) by the Council of the City of Sydney (the Council). 2The appeal was subject to mandatory conciliation on 22 May 2014, in accordance with the provisions of s34 of the Land and Environment Court Act 1979 (LEC Act). As no agreement was reached during the conciliation conference, it was terminated pursuant to s34(4) of the LEC Act. Following the termination of the conciliation conference, the applicant amended the proposal to modify the trading hours sought.