ALDI Foods Pty Limited as General Partner of ALDI Stores (a Limited Partnership)

In the matter of ALDI Foods Pty Limited as General Partner of ALDI Stores (a Limited Partnership), the applicant sought approval for the ALDI Minchinbury Agreement 2016, which related to the sale of a property in Minchinbury. The application was before the New South Wales Supreme Court, which was tasked with considering the compliance of the proposed sale with the provisions of the New South Wales Environmental Planning and Assessment Act 1979 (EP&A Act). Specifically, the court had to determine whether the proposed sale complied with section 174(1A) of the EP&A Act, which mandates that certain types of land uses must be assessed for compliance with the New South Wales Environmental Planning Policy 2015 (NERR Policy).

The court examined whether the applicant had fulfilled its obligation to assess the proposed sale for compliance with the NERR Policy. The NERR Policy is a state planning policy that applies to land uses that may have significant environmental impacts. The court found that the applicant had not adequately demonstrated compliance with the NERR Policy, as required by section 174(1A) of the EP&A Act. The applicant's failure to provide sufficient evidence of compliance with the NERR Policy meant that the court could not approve the proposed sale. The court concluded that the application for approval of the ALDI Minchinbury Agreement 2016 should be dismissed due to the non-compliance with the NERR Policy.

The court's decision was based on the statutory requirement for the applicant to demonstrate compliance with the NERR Policy. The applicant had not provided sufficient evidence to satisfy the court that the proposed sale complied with the NERR Policy, and therefore the court could not approve the sale. The court emphasised the importance of following the statutory requirements set out in the EP&A Act and the NERR Policy to ensure that land uses that may have significant environmental impacts are properly assessed. The court's decision highlights the need for applicants to carefully consider and comply with all relevant planning policies and requirements when seeking approval for land use proposals.