Woolworths Limited v Randwick City Council [2018] NSWLEC 1183

Woolworths Limited v Randwick City Council [2018] NSWLEC 1183

The appropriate construction of the LEP does not require the use within the existing commercial building to be split into smaller 'small-scale' businesses; the proposed liquor store, as a shop within an existing commercial building, is permissible and meets the requirements of cl 6.13(3)(b). The proposal will not adversely affect residential amenity or local traffic, and the social impact of the development does not warrant refusal. Therefore, development consent should be granted subject to conditions.

Parties
Applicant: Woolworths Limited; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
17 April 2018
Procedural Posture
Class 1 Appeal / Final Judgment and Orders
Outcome
The appeal is upheld, and development consent is granted subject to conditions.
Legal Topics
Development Application, Statutory Construction, Local Environmental Plan, Appeal Land Use, Retail Premises in Residential Zones, Development Consent Conditions
Planning and Environment Law Development Application Statutory Construction Local Environmental Plan Appeal Land Use Retail Premises in Residential Zones Development Consent Conditions

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 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Woolworths Limited

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment and Orders

Legal Issues

  1. 1 Whether the proposed Dan Murphy's retail liquor store is permissible in the R3 zone under the Randwick Local Environmental Plan 2012 (LEP)
  2. 2 Whether the scale and intensity of the development meets the requirements of cl 6.13(3)(b) of the LEP
  3. 3 Whether the proposed development is consistent with the objectives of the R3 zoning and small-scale business use

Ratio Decidendi

The appropriate construction of the LEP does not require the use within the existing commercial building to be split into smaller 'small-scale' businesses; the proposed liquor store, as a shop within an existing commercial building, is permissible and meets the requirements of cl 6.13(3)(b). The proposal will not adversely affect residential amenity or local traffic, and the social impact of the development does not warrant refusal. Therefore, development consent should be granted subject to conditions.

Court Disposition

The appeal is upheld, and development consent is granted subject to conditions.

Orders

  • The appeal is upheld.
  • Consent is granted to Development Application no. DA 284/2014 for the development of a Dan Murphy's retail liquor store on the ground floor of the former Randwick Rugby Club premises being Lot 1 in DP 1050706 known as 102 – 104 Brook Street, Coogee, subject to the conditions in Annexure A.