Aldi Foods Pty Limited v Holroyd City Council [2004] NSWLEC 253

Aldi Foods Pty Limited v Holroyd City Council [2004] NSWLEC 253

The original proposal was unsatisfactory in the existing context and inconsistent with the council's vision for the Neil Street Precinct, so in its present form it should be refused. However, because the expert evidence identified potentially positive amendments, the dispute could be further explored fairly and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 May 2004
Procedural Posture
Class 1 Proceedings Concerning Development Application DA 2004/328 for Integrated Development for a Proposed Supermarket / Decision on Whether the Applicant Should Be Granted Leave to Rely on Amended Plans
Outcome
Leave granted for the applicant to rely on the revised plan; the plan submitted was accepted into evidence for further consideration after further evidence, if necessary, and submissions.
Legal Topics
['development Consent' 'draft Local Environmental Plan' 'draft Development Control Plan' 'master Plan' 'orderly and Economic Development' 'urban Design' 'amended Plans' 'integrated Development' 'flooding and Drainage']
['planning and Environment Law'] ['development Consent' 'draft Local Environmental Plan' 'draft Development Control Plan' 'master Plan' 'orderly and Economic Development' 'urban Design' 'amended Plans' 'integrated Development' 'flooding and Drainage']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Proceedings Concerning Development Application DA 2004/328 for Integrated Development for a Proposed Supermarket / Decision on Whether the Applicant Should Be Granted Leave to Rely on Amended Plans

Legal Issues

  1. 1 ['Whether granting consent to the proposed development would undermine the planned orderly and economic development of land in the proposed Neil Street Precinct within the Merrylands Town Centre.' 'What weight should be given to the draft LEP, draft DCP and Neil Street Precinct Master Plan.' 'Whether the original proposal should be refused in its present form.' 'Whether the applicant should be granted leave to rely on amended plans.' "Whether the Court could take account of the applicant's change of position to accommodate a time limited consent."]

Ratio Decidendi

The original proposal was unsatisfactory in the existing context and inconsistent with the council's vision for the Neil Street Precinct, so in its present form it should be refused. However, because the expert evidence identified potentially positive amendments, the dispute could be further explored fairly and justly, and the underlying proposal remained essentially the same development, the applicant was granted leave to rely on the revised plan and the plan was accepted into evidence for further consideration.

Court Disposition

Leave granted for the applicant to rely on the revised plan; the plan submitted was accepted into evidence for further consideration after further evidence, if necessary, and submissions.

Orders

  • ['The applicant is granted leave to rely on the revised plan.' 'The plan submitted will be accepted into evidence.' 'The Court will give consideration to the revised plan after hearing further evidence, if necessary, and submissions.']