Imperial Bottle Shops Pty Limited v. Lismore City Council [1989] NSWLEC 233

Imperial Bottle Shops Pty Limited v. Lismore City Council [1989] NSWLEC 233

The Court accepted that there was an immediate need for additional neighbourhood shopping facilities in the vicinity and that the site was zoned and generally appropriate for a smaller scale neighbourhood shopping centre, but refused the particular application because it was a poorly designed overdevelopment of the site, with inadequate and congested vehicular circulation, insufficient parking and loading arrangements, inadequate setbacks and landscaping, inappropriate hardstand areas adjoining the public reserve, and unacceptable bulk and scale in the residential environment.

Jurisdiction
Australia
Judgment Date
29 August 1989
Procedural Posture
Appeal Against Refusal of Development Consent for a Neighbourhood Shopping Centre / Judgment After Hearing; Appeal Dismissed
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['development Consent' 'neighbourhood Shopping Centre' 'zoning and Draft Rezoning' 'traffic Access and Parking' 'koala Food Trees' 'commercial Centre Planning Strategy' 'overdevelopment and Site Design']
['environmental Planning and Development Control' 'land Use Planning' 'local Government'] ['development Consent' 'neighbourhood Shopping Centre' 'zoning and Draft Rezoning' 'traffic Access and Parking' 'koala Food Trees' 'commercial Centre Planning Strategy' 'overdevelopment and Site Design']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Refusal of Development Consent for a Neighbourhood Shopping Centre / Judgment After Hearing; Appeal Dismissed

Legal Issues

  1. 1 ['Whether development consent should be granted for a neighbourhood shopping centre on land zoned Neighbourhood Business 3(c) at Taylor Avenue and Rous Road, Goonellabah.' "Whether the proposed development was inconsistent with Council's commercial and shopping facilities strategy, the North Coast Regional Environmental Plan 1988, and draft residential rezoning proposals." 'Whether traffic access, parking, loading, circulation, landscaping, setbacks, bulk and scale made the proposal unsuitable or an overdevelopment of the site.' 'Whether concerns about koala food trees and the relationship with nearby and proposed centres justified refusal.']

Ratio Decidendi

The Court accepted that there was an immediate need for additional neighbourhood shopping facilities in the vicinity and that the site was zoned and generally appropriate for a smaller scale neighbourhood shopping centre, but refused the particular application because it was a poorly designed overdevelopment of the site, with inadequate and congested vehicular circulation, insufficient parking and loading arrangements, inadequate setbacks and landscaping, inappropriate hardstand areas adjoining the public reserve, and unacceptable bulk and scale in the residential environment.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['Appeal dismissed.' 'Development consent refused.' 'Exhibits may be released.' 'No order as to costs.']