Warriewood Properties Pty Ltd v Pittwater Council [2010] NSWLEC 215

Warriewood Properties Pty Ltd v Pittwater Council [2010] NSWLEC 215

The proposed supermarket, by its size and range of goods, extends beyond 'small daily convenience goods' for the day-to-day needs of people living and working in the local area. It does not fit the definition of 'neighbourhood shop' under Schedule 10 of the LEP, nor can it be characterised as 'associated community and urban infrastructure'. Thus, it is a prohibited use in the 2(f) zone, and development consent could not be granted.

Parties
Applicant: Warriewood Properties Pty Ltd; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
22 October 2010
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, Refusal of Consent, Permissibility of Supermarket, Zoning, Neighbourhood Shop, Associated Community and Urban Infrastructure
Planning Law Environmental Law Local Government Law Development Application Refusal of Consent Permissibility of Supermarket Zoning Neighbourhood Shop +1 more

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 3 Authorities cited 15 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Warriewood Properties Pty Ltd

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed supermarket is permissible under the Pittwater Local Environmental Plan 1993
  2. 2 Proper characterisation of 'associated community and urban infrastructure' and 'neighbourhood shop'
  3. 3 Whether the proposed supermarket fits the legal definition of 'neighbourhood shop'

Ratio Decidendi

The proposed supermarket, by its size and range of goods, extends beyond 'small daily convenience goods' for the day-to-day needs of people living and working in the local area. It does not fit the definition of 'neighbourhood shop' under Schedule 10 of the LEP, nor can it be characterised as 'associated community and urban infrastructure'. Thus, it is a prohibited use in the 2(f) zone, and development consent could not be granted.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application N0603/09 for the subdivision of 23B Macpherson Street, Warriewood into two lots and the construction of a retail facility is refused.