Woolworths Ltd v Blacktown City Council [2011] NSWLEC 1296

Woolworths Ltd v Blacktown City Council [2011] NSWLEC 1296

The proposed retail liquor outlet is consistent with the objectives of the Blacktown Local Environmental Plan and the 2(a) Residential zone, and while there are risks of secondary supply and anti-social behaviour, these risks are small, manageable, and can be mitigated by physical security measures and a comprehensive plan of management. The amendment to prohibit liquor outlets is significant but the savings provision permits the development, and the evidence does not objectively establish unacceptable adverse impacts.

Jurisdiction
Australia
Judgment Date
19 October 2011
Procedural Posture
Class 1 Appeal Under S97 of the Environmental Planning and Assessment Act 1979 / Final Determination Judgment
Outcome
Appeal upheld
Legal Topics
['development Application' 'retail Liquor Outlet' 'amending Local Environmental Plan' 'adverse Social Impact' 'site Security']
['planning and Environment'] ['development Application' 'retail Liquor Outlet' 'amending Local Environmental Plan' 'adverse Social Impact' 'site Security']

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Procedural Posture

Class 1 Appeal Under S97 of the Environmental Planning and Assessment Act 1979 / Final Determination Judgment

Legal Issues

  1. 1 ['Weight to be given to amendment of Blacktown Local Environmental Plan 1988' 'Whether proposed development is likely to have an adverse social impact' 'Site security concerns' 'Consistency of development with LEP and zone objectives' 'Suitability of site for retail liquor outlet']

Ratio Decidendi

The proposed retail liquor outlet is consistent with the objectives of the Blacktown Local Environmental Plan and the 2(a) Residential zone, and while there are risks of secondary supply and anti-social behaviour, these risks are small, manageable, and can be mitigated by physical security measures and a comprehensive plan of management. The amendment to prohibit liquor outlets is significant but the savings provision permits the development, and the evidence does not objectively establish unacceptable adverse impacts.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Development Application No 09-1113 for the fit out and use of an existing commercial premises for the purposes of a retail liquor outlet at 454 Quakers Hill Parkway Quakers Hill is approved subject to conditions in Annexure A.' 'The exhibits are returned except for exhibits 4, A, B and C.']