Wong v Metcash Trading Australasia Ltd

The appeal in Wong v Metcash Trading Australasia Ltd [2003] SASC 314 was brought by Wong, a resident living adjacent to a warehouse facility on Findon Road, against Metcash Trading Australasia Ltd, the owner of the warehouse. Wong sought to appeal a decision of the Environment Resources and Development Court, which had granted provisional Development Plan consent for the construction of an additional warehouse on the property. Wong argued that the proposed development would exacerbate existing issues with noise and traffic, particularly from trucks illegally parking and queuing on Findon Road. The legal issues before the court were whether the Commissioner erred in his consideration of the impact of the proposed development on the amenity of the surrounding residential area, and whether alternative measures to mitigate the impact on Wong's property could have been explored. The court found that the Commissioner had properly considered the relevant provisions of the Development Plan and that the proposed development would not materially adversely affect the amenity of the residential area. The court also found that imposing conditions to require off-street parking or holding areas would amount to altering the proposal substantially, which was not permissible. The appeal was dismissed and the original decision of the ERD Court was upheld.