Woolworths Limited v Randwick City Council [2018] NSWLEC 1183

Land and Environment Court New South Wales

Medium Neutral Citation: Woolworths Limited v Randwick City Council [2018] NSWLEC 1183 Hearing dates: 20-21 December 2017 Date of orders: 09 May 2018 Decision date: 17 April 2018 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Consent is granted to Development Application no. DA 284/2014 for the development of a Dan Murphy's retail liquor store on the ground floor of the former Randwick Rugby Club premises being Lot 1 in DP 1050706 known as 102 – 104 Brook Street, Coogee subject to the conditions in Annexure A. (3) The exhibits, other than exhibits A, B, C & 1 are returned. Catchwords: APPEAL – development application – conversion of club to liquor store - statutory construction of Local Environmental Plan – development for the purposes of a shop Legislation Cited: Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 2012 Cases Cited: Woolworths Ltd v Randwick City Council [2016] NSWLEC 82 Woolworths Ltd v Randwick City Council [2017] NSWCA 179 Project Blue Sky Inc & Ors V Australian Broadcasting Authority (1998) 194 CLR 355 House of Peace Pty Ltd & Anor v Bankstown City Council [2000] NSWCA 44 State Chamber of Commerce and Industry v Commonwealth (1978) 163 CLR 329 Martin Morris & Jones Pty Ltd V Shoalhaven City Council [2012] NSWLEC 1280 Texts Cited: The Macquarie Dictionary 3rd Edition Category: Principal judgment Parties: Woolworths Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Mr A Seton (solicitor) (Respondent)