NSW Caselaw
Reported Decision : 141 LGERA 376
New South Wales Court of Appeal
The Warehouse Group (Australia) Pty. Ltd. v. Woolworths Ltd. & Anor. [2005] NSWCA 269 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16 and 17 May 2005
JUDGMENT DATE: 8 September 2005
JUDGMENT OF: Handley JA at 1; Hodgson JA at 17; Basten JA at 122
DECISION: 1. Cross-appeal allowed. 2. Order 2 made on 3 February 2004, Order 2 made on 8 June 2004, and Order 1 made on 13 December 2004 (as amended on 12 January 2005) set aside. 3. Declare that purported consent 1937/01 granted by the second respondent on 6 April 2001 was not a valid consent, and that the application pursuant to which that consent was purportedly granted has not been determined. 4. Order that the appellant be restrained from carrying out, causing, or permitting or suffering the use of the premises known as "The Warehouse" at Unit 1 in Lot 10 in DP 788368 as 1-3 Sappho Road, Warwick Farm for the purposes of a bulky goods salesroom or storeroom or for the purpose of a shop (in both cases as defined in the Liverpool Local Environmental Plan 1997 (as amended)), except pursuant to a valid consent granted under the EPA Act. 5. Order 4 stayed for a period of 28 days. 6. The appellant to make any application to the Land & Environment Court for an adjournment of the proceedings and any further stay of Order 4 within 7 days of the date of these orders. 7. Appeal dismissed. 8. Appellant to pay the respondents' costs of the appeal and cross-appeal.
CATCHWORDS: BUILDING CONTROL AND TOWN PLANNING - Development applications - Planning schemes - Bulky goods salesroom - Whether application a nullity - Whether purported consent was "to" the application - Requirement of Local Environmental Plan as to areas for specified use - Whether applied at time of consent or thereafter - Whether SEPP 1 applied - Whether Council could have been satisfied as to requirement - Whether consent valid.
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