Cardno Pty Ltd v Campbelltown City Council [2013] NSWLEC 1056

Land and Environment Court New South Wales

Medium Neutral Citation: Cardno Pty Ltd v Campbelltown City Council [2013] NSWLEC 1056 Hearing dates: 14-15 March, 2013 Decision date: 05 April 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 2052/2012 for a retail liquor outlet at 4 Rennie Road, Campbelltown is refused. 3. The exhibits, other than exhibits 1, 3 and B, are returned. Catchwords: DEVELOPMENT APPLICATION: retail liquor outlet, social impact, identification of the locality, alcohol-related harm and socio-economically disadvantaged suburbs within the locality; proximity to a skate park and fast food restaurants. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Randall Pty Ltd v Willoughby City Council (2005) 144 LGERA 119 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 184 LGERA 104 Category: Principal judgment Parties: Cardno (NSW/ACT) Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Mr I. Woodward Solicitor (Applicant) Mr M. Staunton Barrister (Respondent) Woodward Legal (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 11207 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal of Development Application No. 2052/2012 (the proposal) by Campbelltown City Council (the Council), for the use of an existing commercial premises as a retail liquor outlet at 4 Rennie Road, Campbelltown (the site).