Altz Pty Ltd v Shellharbour City Council

Land and Environment Court New South Wales Medium Neutral Citation: Altz Pty Limited v Shellharbour City Council [2014] NSWLEC 1228 Hearing dates:13,14 October 2014Decision date: 05 November 2014 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is upheld.2. DA174/2014 for the "Erection & fit out of a separate neighbourhood shop within existing Unit 2 (including ancillary dispensary, shelving, point of sale counter and new entry/exit door)" at 9-11 Princes Highway, Albion Park Rail is approved subject to the conditions in Annexure A.3. The exhibits are returned with the exception of exhibits A, 1 and 5. Catchwords: DEVELOPMENT APPLICATION: erection & fit out for a neighbourhood shop within an existing industrial unit - characterisation; whether a prohibited use - conflict with zone objectives and not in the public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Shellharbour Local Environmental Plan 2013 Cases Cited: Chamwell Pty Limited v Strathfield Council (2007) 151 LGERA 114 Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379 House of Peace Pty Ltd v Bankstown City Council (2000) 48 NSWLR 498 Category:Principal judgmentParties: Altz Pty Limited (Applicant) Shellharbour City Council (Respondent) Representation: Ms S Duggan SC (Applicant) Ms H Irish, barrister (Respondent) Addisons Lawyers (Applicant) RMB Lawyers (Respondent) File Number(s):10464 of 2014 JudgmentCOMMISSIONER: This is an appeal against the refusal of DA174/2014 for the "Erection & fit out of a separate neighbourhood shop (80 sq m) within the existing unit 2 (including ancillary dispensary, shelving, point of sale counter and new entry/exit door)" at 9-11...