Orange Grove Affair - Background

Background

In March 2002, Frank Mosca, an architect working on behalf of Sydney businessman Nabil Gazal, applied to change an existing development consent for a property in a light industrial area on Orange Grove Road in the Sydney suburb of Warwick Farm, just north of central Liverpool to change the permitted use of the site from "bulky goods/ warehousing" to "warehouse clearance outlet". This was intended to permit the building of an "outlet mall", mainly consisting of retailing, although described as "factory outlets", even though the area was zoned under its Local Environment Plan (LEP) for industrial uses, in which retailing was generally forbidden, except for a limited range of "bulky goods" or goods produced on the premises. The zoning was consistent with a long-standing policy of discouraging retailing away from established centres with good transport connections, currently embodied as a draft State Environmental Planning Policy: Integration of Land Use and Transport (SEPP 66). The Orange Grove site had poor bus connections only and none on Sundays.

In due course Council officers advised that a new development application was required, and this was submitted on 5 June. On 13 June the Council wrote to Mosca clearly stating what retailing activities could be carried out on the site according to the LEP. Mr Mosca submitted a Statement of Environmental Effects in July, which argued that "warehouse clearance outlets" were not specifically prohibited by the LEP, and therefore Council could consent to them. The development application was eventually advertised for public comment in November and no comments having been received it was decided that under Council rules it could be approved at officer level, without reference to a Council committee. Immediately following the end of the comment period on 15 December, an officer of Liverpool City Council approved the development application, apparently satisfied that "warehouse clearance outlets" were not forbidden by the LEP. Prior to the approval, the Orange Centre commenced trading in November, with Craig Knowles, the local member and state Planning Minister, attending the official opening.