Aldi Stores (A Limited Partnership) v Richmond Valley Council [2008] NSWLEC 1212

Aldi Stores (A Limited Partnership) v Richmond Valley Council [2008] NSWLEC 1212

It is unreasonable for Aldi to be fully responsible for the major upgrade of the intersection by constructing a roundabout, as the incremental effect of the development on intersection performance is marginal and any improvements would primarily benefit the broader community. Condition 55 requiring a roundabout is deleted; alternative traffic safety measures (central median and potential right turn signage) are proportionate and reasonable.

Parties
Applicant: Aldi Stores (A Limited Partnership); Respondent: Richmond Valley Council
Jurisdiction
Australia
Judgment Date
04 June 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
Development Application, Conditions of Consent, Traffic Management, Reasonableness of Conditions
Planning and Environment Law Development Application Conditions of Consent Traffic Management Reasonableness of Conditions

Case Brief

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Parties

Aldi Stores (A Limited Partnership)

Applicant

Richmond Valley Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether it is reasonable to require Aldi to construct a roundabout at the Centre Street/Richmond Street intersection as a condition of development consent.

Ratio Decidendi

It is unreasonable for Aldi to be fully responsible for the major upgrade of the intersection by constructing a roundabout, as the incremental effect of the development on intersection performance is marginal and any improvements would primarily benefit the broader community. Condition 55 requiring a roundabout is deleted; alternative traffic safety measures (central median and potential right turn signage) are proportionate and reasonable.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Development Application No 2007/0380 for a supermarket and associated works at Casino is granted consent subject to modified conditions in Annexure A.