Bardsley-Smith v Penrith City Council (No 2) [2013] NSWCA 284

Bardsley-Smith v Penrith City Council (No 2) [2013] NSWCA 284

Development consent permits only retail sale and supply of PBS items, Prescription drugs, and OTC drugs, as defined in National Health Act 1953 (Cth) and Schedules to the Poisons and Therapeutic Goods Act 1966; broader retail activities are prohibited under the local environmental plan.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Appeal / Consequential Orders Following Substantive Appeal Decision
Outcome
Order confirming prior consequential order; terms of injunction and declaration to await outcome of discretionary defence in Land and Environment Court
Legal Topics
['development Consent' 'local Environmental Plan' 'retail Pharmacy' 'injunctions' 'interpretation of Planning Instruments']
['environmental Law' 'administrative Law'] ['development Consent' 'local Environmental Plan' 'retail Pharmacy' 'injunctions' 'interpretation of Planning Instruments']

Case Brief

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Procedural Posture

Appeal / Consequential Orders Following Substantive Appeal Decision

Legal Issues

  1. 1 ['Proper construction of development consent for pharmacy premises' 'Scope of permitted retail activity under local environmental plan' 'Definition of PBS items, Prescription drugs, OTC drugs for purposes of injunction' "Whether to remit definition of 'OTC drugs' to Land and Environment Court"]

Ratio Decidendi

Development consent permits only retail sale and supply of PBS items, Prescription drugs, and OTC drugs, as defined in National Health Act 1953 (Cth) and Schedules to the Poisons and Therapeutic Goods Act 1966; broader retail activities are prohibited under the local environmental plan.

Court Disposition

Order confirming prior consequential order; terms of injunction and declaration to await outcome of discretionary defence in Land and Environment Court

Orders

  • ['Confirm that Order 7 made by this Court on 4 July 2013 has effect.' 'If the discretionary defence fails in Land and Environment Court: declare that Development Consent DA 08/1288 does not permit retail sale and supply of items other than PBS items, Prescription drugs and OTC drugs; restrain AMS, Mr Gance, and...