Aldi Stores v Newcastle City Council [2010] NSWLEC 1110

Set aside by Appeal : see: Aldi Stores v Newcastle City Council (2010) NSWLEC 227

Land and Environment Court of New South Wales

CITATION : Aldi Stores v Newcastle City Council [2010] NSWLEC 1110

APPLICANT Aldi Stores PARTIES : RESPONDENT Newcastle City Council

FILE NUMBER(S) : 10048 of 2010

CORAM: Moore SC

CONSENT ORDERS - DEVELOPMENT APPLICATION - WORDS AND PHRASES :- KEY ISSUES: Dual uses Second use prohibited Second use neither ancillary to nor subsumed by predominant use

LEGISLATION CITED: Newcastle Local Environment Plan 2003

CASES CITED: Pallas Newco Pty Limited v Votraint No 1066 Pty Limited [2003] NSWLEC 232; [2003] 129 LGERA 234 Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373

DATES OF HEARING: 11 May 2010

DATE OF JUDGMENT: 7 June 2010

APPLICANT Ms S Duggan, barrister INSTRUCTED Baker & McKenzie LEGAL REPRESENTATIVES: RESPONDENT Ms A Pearman, barrister INSTRUCTED BY Newcastle City Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

7 June 2010

10/10048 Aldi Stores v Newcastle City Council

JUDGMENT Introduction 1 SENIOR COMMISSIONER: Fletcher is a developing suburb on the western outskirts of the Newcastle City local government area. It is located on the southern side of Minmi Road, a road that links a number of suburbs in the Blue Gum Hills area – as the area is identified by Newcastle City Council (the council). Access to the suburban area of Fletcher is via Britannia Boulevard, a street with, relevantly, an unbroken landscaped centre median strip. Britannia Boulevard intersects with Minmi Road utilising a roundabout. The first of the internal residential streets within Fletcher are accessed from a second, smaller, roundabout at the southern end of this short section of Britannia Boulevard.