Aldi Stores (A Limited Partnership) v Richmond Valley Council [2008] NSWLEC 1212

Land and Environment Court of New South Wales

CITATION : Aldi Stores (A Limited Partnership) v Richmond Valley Council [2008] NSWLEC 1212

APPLICANT Aldi Stores (A Limited Partnership) PARTIES : RESPONDENT Richmond Valley Council

FILE NUMBER(S) : 10963 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Shopping centre detailing amendments to conditions requiring major roadwork/roundabout

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Richmond Valley Local Environmental Plan

DATES OF HEARING: 12/12/2007, 5/03/2008, 14/03/2008, 22/05/2008

DATE OF JUDGMENT: 4 June 2008

APPLICANT Mr A. Pickles, barrister Instructed by Mr J. Brophy of Brophy Bridge & Mirow LEGAL REPRESENTATIVES: RESPONDENT Ms S. Duggan, barrister Instructed by Mr W. Harvey of Hannigans Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

4 June 2008

10963 of 2007 Aldi Stores v Richmond Valley Council

JUDGMENT Background

1 Aldi lodged this appeal against some of Council's conditions of consent imposed on a development application for a supermarket and associated works (the development) at Centre Street, Graham Place, Richmond Street and Terminal Parade, Casino (the site).

2 Subsequent conferencing by the parties resulted in the agreement to consent orders for most of the disputed detailing conditions, except those generally contained in Condition 55, which required construction of a roundabout at the intersection of Centre Street (Bruxner Highway – State Highway No.16) and Richmond Street, together with associated roadworks. Accordingly, the main appeal issue concerns the reasonableness of requiring Aldi to construct the roundabout as part of this development.