Woolworths Ltd v Blacktown City Council [2011] NSWLEC 1296

Land and Environment Court New South Wales

Medium Neutral Citation: Woolworths Ltd v Blacktown City Council [2011] NSWLEC 1296 Hearing dates: 17, 18 March, 19, 20 July 2011 Decision date: 19 October 2011 Jurisdiction: Class 1 Before: Pearson C Decision: Appeal upheld Catchwords: Development application - retail liquor outlet - weight to be given to amending local environmental plan - whether adverse social impact - site security Legislation Cited: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 New Century Developments Pty Ltd v Baulkham Hills Shire Council [2003] NSWLEC 154 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Category: Principal judgment Parties: Woolworths Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel Mr M Staunton (Applicant) Solicitors Mr C Gough, Storey & Gough (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 11003 of 2010

Judgment 1This is an appeal under s97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to Development Application No 09-1113 seeking consent for the fit out and use of an existing commercial premises for the purposes of a retail liquor outlet, at 454 Quakers Hill Parkway, Quakers Hill (the site). 2The proposed fit out will include display shelving, cool room and refrigerators, sales counter, office and staff areas and storage areas. The proposed hours of operation are Monday to Wednesday 9am to 8pm; Thursday to Saturday 9am to 9pm; and Sundays and public holidays 10am to 7pm. Signage is proposed as part of the development, which is to be a "Beer Wine & Spirits" retail liquor outlet. 3The site is a small commercial facility accessed from Quakers Hill Parkway which comprises a service station, McDonalds restaurant, a Subway restaurant, a real estate agent and a solicitors office. The subject premises are currently vacant, and most recently were used as a video store. The subject premises share the use of 79 car parking spaces with the other commercial tenancies on the site. 4The surrounding area is predominantly residential. There is a poultry farm to the east on Quakers Hill Parkway. Quakers Hill High School is located approximately 555m to the west of the site along Quakers Hill Parkway. At the rear of the site is Corbin Reserve. The land drops down from the site to the public reserve. Stairs previously connecting the site to the reserve have been removed and there is presently no direct access from the site to the reserve. On Farnham Road, on the other side of Quakers Hill Parkway there is a small shopping centre in which Quakers Hill Cellars is located; that shopping centre adjoins a public reserve.