Sadig v Hurstville City Council [2015] NSWLEC 1567

Land and Environment Court New South Wales

Medium Neutral Citation: Sadig v Hurstville City Council [2015] NSWLEC 1567 Hearing dates: 11 December 2015 Date of orders: 11 December 2015 Decision date: 11 December 2015 Jurisdiction: Class 1 Before: Hussey AC Decision: The Court orders by consent: 1. The appeal is allowed. 2. Development consent is granted to DA 2015/0001 for the use of the premises Shop 2, 84D Roberts Avenue, Mortdale (being lot 21 in DP 542051), as a pharmacy, subject to the conditions of consent set out in annexure "A". 3. The exhibits be returned except A, B and 2. Catchwords: Development Application: use of retail premises, existing use rights Legislation Cited: Hurstville Local Environmental Plan 2012 Draft State Environmental Planning Policy (Competition) 2010 Development Control Plan No 1 Category: Principal judgment Parties: Diana Sadig (Applicant) Hurstville City Council (Respondent) Representation: Solicitors: Mr M. Mentei, Planning Law Solutions (Applicant) Ms V. McGrath, Norton Rose Fulbright Australia (Respondent) File Number(s): 10700 of 2015

This determination was given extemporaneously and has been edited prior to publication

Judgment

Background 1. This appeal was lodged pursuant to the s79C of the EPA & Act against the deemed refusal of an application for the fit out of a pharmacy within an existing shopping complex at 84D Roberts Avenue, Mortdale. 2. However, the appeal was subsequently amended so as to apply to the use of the subject premises and leave was granted to increase the number of employees.to four. Following the provision of additional information the parties now agree to consent orders. 3. The Consent Orders hearing was notified to the 2 objectors, together with the details of the time of the view.