Altz Pty Limited v Shellharbour City Council [2014] NSWLEC 1228

Altz Pty Limited v Shellharbour City Council [2014] NSWLEC 1228

The proposed development was properly characterised as a neighbourhood shop and was permissible with consent. The indicative products were general merchandise, including personal care products, and pharmaceutical goods, including prescription drugs, could reasonably fall within personal care products or form an individual use within the overall purpose. The goods were to meet day-to-day needs of people who live or work in the local area, the 80 sq m control was satisfied, and the respondent's zone objective and public interest contentions depended on the rejected premise that the use was prohibited. Consent was therefore granted, with condition E2 reformulated and condition E3 deleted.

Jurisdiction
Australia
Judgment Date
05 November 2014
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da174/2014 / Principal Judgment
Outcome
Appeal upheld and development application approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'land Use Characterisation' 'permissibility of Neighbourhood Shop in Zone IN2 Light Industrial' 'zone Objectives' 'public Interest' 'development Consent Conditions']
['planning and Environment Law'] ['development Application' 'land Use Characterisation' 'permissibility of Neighbourhood Shop in Zone IN2 Light Industrial' 'zone Objectives' 'public Interest' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da174/2014 / Principal Judgment

Legal Issues

  1. 1 ['Whether the proposed development was properly characterised as a prohibited shop or a permissible neighbourhood shop under Shellharbour Local Environmental Plan 2013.' 'Whether, if permissible, the development should nevertheless be refused because it conflicted with zone objectives or was not in the public interest.' 'Whether proposed conditions E2 and E3 should be imposed.']

Ratio Decidendi

The proposed development was properly characterised as a neighbourhood shop and was permissible with consent. The indicative products were general merchandise, including personal care products, and pharmaceutical goods, including prescription drugs, could reasonably fall within personal care products or form an individual use within the overall purpose. The goods were to meet day-to-day needs of people who live or work in the local area, the 80 sq m control was satisfied, and the respondent's zone objective and public interest contentions depended on the rejected premise that the use was prohibited. Consent was therefore granted, with condition E2 reformulated and condition E3 deleted.

Court Disposition

Appeal upheld and development application approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'DA174/2014 for the "Erection & fit out of a separate neighbourhood shop within existing Unit 2 (including ancillary dispensary, shelving, point of sale counter and new entry/exit door)" at 9-11 Princes Highway, Albion Park Rail is approved subject to the conditions in Annexure A.' 'The...