Woolworths Limited v Randwick City Council [2016] NSWLEC 82

Land and Environment Court New South Wales

Medium Neutral Citation: Woolworths Limited v Randwick City Council [2016] NSWLEC 82 Hearing dates: 20 April 2016 Date of orders: 07 July 2016 Decision date: 07 July 2016 Jurisdiction: Class 1 Before: Moore J Decision: See [53] Catchwords: SEPARATE QUESTION – development application – threshold test posed by Local Environmental Plan – whether the proposed development relates to a building that existed when the plan commenced and was designed or constructed for the purpose of commercial premises – threshold test not satisfied – appeal dismissed CHARACTERISATION OF EXISTING DEVELOPMENT – consideration of definitions of "business premises", "commercial premises", "registered club" and "retail premises" can a "registered club" be "business premises" and/or "retail premises" – statutory regime for registered clubs – registered cub not "business premises" or "retail premises" Legislation Cited: Blue Mountains Local Environmental Plan 1991 Environmental Planning and Assessment Act 1979 Liquor Act 2007 Randwick Local Environmental Plan 2012 Registered Clubs Act 1976 Cases Cited: Chamwell Pty Ltd v Strathfield Municipal Council [2007] NSWLEC 114; 151 LGERA 400 Sevenex Pty Limited v Blue Mountains City Council [2011] NSWCA 223; 183 LGERA 1 Category: Procedural and other rulings Parties: Woolworths Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr C McEwen SC/Ms J Reid, barrister (Applicant) Mr I Hemmings SC (Respondent)