Imperial Bottle Shops Pty Limited v. Lismore City Council [1989] NSWLEC 233

Land and Environment Court of New South Wales

CITATION : Imperial Bottle Shops Pty Limited v. Lismore City Council [1989] NSWLEC 233 APPLICANT Imperial Bottle Shops Pty Ltd PARTIES : RESPONDENT Lismore City Council FILE NUMBER(S) : 10147 of 1989 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: North Coast Regional Environmental Plan 1988. CASES CITED: DATES OF HEARING: 04/07/89 - 06/07/89 DATE OF JUDGMENT: 08/29/1989

APPLICANT D.P. Wilson W.P. Walters & Co., Lismore LEGAL REPRESENTATIVES: RESPONDENT T.S. Hale Sly & Weigall

JUDGMENT:

HIS HONOUR: Imperial Bottle Shops Pty Limited ("the Company") sought development consent from the Lismore City Council ("the Council") for a neighbourhood shopping centre on land at the corner of Taylor Avenue and Rous Road, Goonellabah within the said City of Lismore. By notice of determination dated 23rdFebruary, 1989 the Council refused development consent for the following reasons:|CF2.|PSI

"1. The proposed zoning in the advertised and exhibited draft Local Environmental Plan is residential and the proposal does not fit the objectives of that zoning.

2. The development does not fit the commercial and shopping facilities structure for Goonellabah as envisaged by the Council and would fragment such facilities in too many locations and too close together.

3. The development would prevent or delay for a long period the establishment of major Commercial and shopping facilities in Goonellabah, i.e. the centre zoned for and projected between Oliver Avenue and the Highway off Gordon Blair Drive.