HASTINGS CO-OPERATIVE LTD v PORT MACQUARIE HASTINGS COUNCIL [2009] NSWCA 400
A 'general store', though defined as a type of 'shop', is elsewhere specifically defined in the Dictionary to the Hastings Local Environmental Plan 2001 and thus falls within the proviso excluding such premises from the definition of 'shop' for the purpose of clause 9; consequently, a general store is not prohibited development under the zoning table.
- Jurisdiction
- Australia
- Judgment Date
- 08 December 2009
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- ["definition of 'shop' and 'general Store' Under Hastings Local Environmental Plan" 'interpretation of Planning Instruments' 'zoning Table Exclusions' 'contextual Analysis of Statutory Definitions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 ["Whether 'general store' falls outside the definition of 'shop' due to the proviso in the planning instrument" 'Whether contextual anomalies or policy intent justify denying operation of the definition in clause 9']
Ratio Decidendi
A 'general store', though defined as a type of 'shop', is elsewhere specifically defined in the Dictionary to the Hastings Local Environmental Plan 2001 and thus falls within the proviso excluding such premises from the definition of 'shop' for the purpose of clause 9; consequently, a general store is not prohibited development under the zoning table.
Court Disposition
Appeal dismissed
Orders
- ["Appellant to pay the second respondent's costs in this Court"]
Full Case Text
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