WOOLWORTHS LTD and CITY OF JOONDALUP

In the matter of Woolworths Ltd, the applicant, and the City of Joondalup, the respondent, the dispute arose from the City of Joondalup's refusal to grant a development approval for a liquor store within the Currambine District Centre. The applicant proposed to construct a liquor store, parking facilities, and access roads on a site that was designated as a business zone within the district centre. The site was adjacent to an existing shopping centre and cinema complex. The decision to refuse development approval was made by the City of Joondalup on 10 June 2008. Woolworths Ltd sought review of this decision through the relevant tribunal.

The primary legal issues before the court were whether the proposed development aligned with the objectives of the Currambine District Centre Structure Plan, whether it would adversely impact the main street development, the nearby residential locality, and the design and parking provisions of the proposed building. The court had to consider the structure plan objective of encouraging main street development along the central access road, the timing of the proposed development, and the impact of the proposed use on the amenity of the nearby residential area. Additionally, the court examined the design of the proposed building, the parking provisions, and the reciprocal parking arrangements, as well as the measures taken to design out crime.

The court found that the proposed development was consistent with the objectives of the Currambine District Centre Structure Plan, particularly in relation to the main street development along the central access road. The court was satisfied that the proposed timing of the development would not adversely impact the overall main street development. The court also concluded that the proposed use would not negatively affect the amenity of the nearby residential locality. Regarding the design of the building, the parking provisions, and the reciprocal parking arrangements, the court was satisfied that these elements were appropriately addressed and would not result in significant adverse impacts. The court further noted that the measures taken to design out crime were adequate.

Accordingly, the application for review was allowed. The decision of the City of Joondalup dated 10 June 2008 was set aside, and development approval was granted for the proposed liquor store development, including the access roads, footpaths, car parking, and landscaping as detailed in the plans of Ken Paterson Architects.