McDonald’s Australia Limited v Wollongong City Council [2021] NSWLEC 1621

Land and Environment Court New South Wales

Medium Neutral Citation: McDonald's Australia Limited v Wollongong City Council [2021] NSWLEC 1621 Hearing dates: 26, 27, 28, 29 July and 4 August 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court Orders: (1) The matter is to be listed for mention before Clay AC at a time convenient to the parties and the Court within 21 days. Catchwords: DEVELOPMENT APPLICATION – restaurant/takeaway with drive through, small retail/commercial premises and childcare centre – neighbourhood centre – objectives of the zone – whether sufficient retail offerings – the needs of the surrounding neighbourhood – parking provision – whether communal open spaces are sufficient and appropriately located – whether pedestrian movement safe and convenient – whether sufficient provision for "active transport" – proper approach to provisions of development control plan – whether controls and objectives of the development control plan are met – urban design – defining street edge – street activation – objectors concern about health consequences of approval of fast food premises – scope of public interest Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 4.17, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Wollongong Local Environmental Plan 2009 cll 2.3, 5.4, 7.13, Dictionary Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Jeffrey v Canterbury Bankstown Council [2021] NSWLEC 73 Kim v City of Ryde Council [2020] NSWLEC 1340 Ku-ring-gai Council v Bunnings Properties Pty Ltd [2019] NSWCA 28 New Century Developments Pty Ltd v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc (2014) 86 NSWLR 527; [2014] NSWCA 105 Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492; [1947] HCA 21 Texts Cited: COVID-19 Pandemic Arrangements Policy, Land and Environment Court, April 2021 Wollongong Development Control Plan 2009 Category: Principal judgment Parties: McDonald's Australia Limited (Applicant) Wollongong City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) T To (Respondent)