Jetset Properties v Eurobodalla Shire Council [2007] NSWLEC 198

Jetset Properties v Eurobodalla Shire Council [2007] NSWLEC 198

The proposal was antipathetic to objective (b) of the 3a Business zone because a large stand-alone supermarket flanked by four small shops at Sunshine Bay would weaken rather than reinforce the intended retail hierarchy. Its likely economic impact on the Batehaven and Surf Beach shopping centres would threaten shopping facilities presently enjoyed by the community and was not justified by any substantial benefit. The appeal was therefore dismissed and the development application refused.

Jurisdiction
Australia
Judgment Date
09 May 2007
Procedural Posture
Development Application Appeal Against Refusal / Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'retail Hierarchy' 'economic Impact' 'social Impact in the Locality' 'built Form']
['planning and Environment Law'] ['development Application' 'retail Hierarchy' 'economic Impact' 'social Impact in the Locality' 'built Form']

Case Brief

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Procedural Posture

Development Application Appeal Against Refusal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the built form of the proposed supermarket, specialty stores and carpark was acceptable.' 'Whether the proposal fitted into the retail hierarchy for Eurobodalla Shire.' 'Whether the economic impact of the proposal on existing shopping centres at Batehaven and Surf Beach was acceptable.']

Ratio Decidendi

The proposal was antipathetic to objective (b) of the 3a Business zone because a large stand-alone supermarket flanked by four small shops at Sunshine Bay would weaken rather than reinforce the intended retail hierarchy. Its likely economic impact on the Batehaven and Surf Beach shopping centres would threaten shopping facilities presently enjoyed by the community and was not justified by any substantial benefit. The appeal was therefore dismissed and the development application refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development application to construct a building containing a supermarket, four specialty stores, ancillary areas, and a 108-space carpark on lot 299 DP 1038547, known as 2-10 Cunningham Crescent, Sunshine Bay is determined by refusal.' 'The exhibits are returned.']