McDonald’s Australia Limited v Wollongong City Council (No 2) [2021] NSWLEC 1752

McDonald’s Australia Limited v Wollongong City Council (No 2) [2021] NSWLEC 1752

It is appropriate to grant partial development consent with conditions reflective of the findings (including exclusion of the childcare centre and subdivision), as statutory powers permit such consent, public participation requirements have been met, and concerns about site constraints and pedestrian access have been sufficiently addressed.

Parties
Applicant: McDonald's Australia Limited; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
08 December 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Post Hearing, Judgment and Orders
Outcome
Development consent granted subject to agreed conditions reflective of reasons and previous judgment.
Legal Topics
Development Applications, Partial Consent, Conditions of Development Consent, Public Participation, Orderly Development
Planning and Environment Development Applications Partial Consent Conditions of Development Consent Public Participation Orderly Development

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Parties

McDonald's Australia Limited

Applicant

Wollongong City Council

Respondent

Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Post Hearing, Judgment and Orders

Legal Issues

  1. 1 Whether the development application should be refused or granted partial consent with conditions
  2. 2 Whether part of the development only should be approved and conditions imposed
  3. 3 Whether the residue of the site is constrained for orderly development

Ratio Decidendi

It is appropriate to grant partial development consent with conditions reflective of the findings (including exclusion of the childcare centre and subdivision), as statutory powers permit such consent, public participation requirements have been met, and concerns about site constraints and pedestrian access have been sufficiently addressed.

Court Disposition

Development consent granted subject to agreed conditions reflective of reasons and previous judgment.

Orders

  • Within 2 business days Wollongong City Council to file an agreed set of conditions suitable for lodgement on the Planning NSW Portal.
  • Development consent subject to conditions consistent with these reasons and the previous judgment.