Ex Gratia PTY LTD v. Dungog Shire Council

The Court appointed expert in these proceedings, involving an appeal against the Council’s refusal of consent to a 1,500 m² supermarket and speciality stores in the township of Dungog. The site lies within a 3(a) Local Business Zone and adjoins a Heritage Conservation Area.

The matter turned on the impact of the proposed development on the existing character of the Dungog commercial centre, both economically and through its impact on the identified heritage of the township. The Court dismissed the appeal, concluding that the proposed development would not have an overall public benefit.