Woolworths Limited v Randwick City Council [2016] NSWLEC 82

Woolworths Limited v Randwick City Council [2016] NSWLEC 82

The premises were designed and constructed for use as a registered club. The statutory regime for registered clubs confined services and retail liquor sales to members and their guests, subject only to limited authorisations such as those under s 23 of the Registered Clubs Act 1976. Those limitations meant the premises were not used to provide services to the public and were not retail premises in the relevant LEP sense. They therefore were not business premises or retail premises, and so were not commercial premises for cl 6.13(3)(a). The threshold test was not satisfied, and the consent authority could not grant approval.

Jurisdiction
Australia
Judgment Date
07 July 2016
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Separate Question Hearing
Outcome
Appeal dismissed
Legal Topics
['development Application for Retail Liquor Outlet' 'threshold Test Under Cl 6.13(3)(a) of Randwick Local Environmental Plan 2012' 'characterisation of Registered Club Premises' 'business Premises' 'retail Premises' 'commercial Premises']
['planning and Environment' 'land Use and Zoning' 'liquor Licensing' 'registered Clubs'] ['development Application for Retail Liquor Outlet' 'threshold Test Under Cl 6.13(3)(a) of Randwick Local Environmental Plan 2012' 'characterisation of Registered Club Premises' 'business Premises' 'retail Premises' 'commercial Premises']

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Separate Question Hearing

Legal Issues

  1. 1 ['Whether the development application sought consent for development which did not relate to a building that was designed or constructed for the purpose of commercial premises pursuant to cl 6.13(3)(a) of Randwick Local Environmental Plan 2012.' 'Whether, having regard to the answer to the separate question, it was open to the consent authority to grant approval to the development application.' 'Whether a registered club could be characterised as business premises or retail premises, and therefore commercial premises, for the purposes of cl 6.13(3)(a).']

Ratio Decidendi

The premises were designed and constructed for use as a registered club. The statutory regime for registered clubs confined services and retail liquor sales to members and their guests, subject only to limited authorisations such as those under s 23 of the Registered Clubs Act 1976. Those limitations meant the premises were not used to provide services to the public and were not retail premises in the relevant LEP sense. They therefore were not business premises or retail premises, and so were not commercial premises for cl 6.13(3)(a). The threshold test was not satisfied, and the consent authority could not grant approval.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Unless, within 21 days of the date of this judgment, the Registrar is notified that some other order is sought, there is to be no order for costs.' 'The exhibits are returned.']