Newport Tobacconist: Shop set to get formal approval eight months after it opened
A decision will be handed down on a Sydney tobacco shop that has been operating without formal approval for eight months.
NSW
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A northern beaches’ tobacco shop that has been operating without formal approval for eight months is set to get council permission to keep selling its products.
Northern Beaches Council’s Development Determination Panel will make a decision on Wednesday on a retrospective development application lodged by Newport Tobacconist.
The shop, which has been at the centre of community debate, opened on Barrenjoey Rd in November last year.
It’s the third outlet offering tobacco products and smoking equipment in the Newport village shopping strip.
Locals pointed out to planning officials, when the plans were released for public feedback, that some tobacco retailers in NSW had been linked to potential unlawful activity such as selling illegal tobacco and vapes.
This masthead does not suggest Newport Tobacconist is involved in illegal activity.
There were also concerns that tobacco retailers were promoting the use of unhealthy products to young people.
“We do not want our local community, especially impressionable teens, to be subject to the negative influences, or consequences resulting from such a shop in our area,” one local submitted.
There has also been close to 180 comments about the outlet to a post placed on a local community Facebook page.
But council officers recommended to the panel that the DA seeking consent for use of the premises a tobacconist be approved because it meets local planning and zoning guidelines.
The recommendation is contained in an assessment report prepared for the panel, made up of senior council staff, which has delegated authority to make decisions on DAs.
This report states that the panel does not have to take into account issues of potential unlawful activity when making a decision on whether a premises can be used as a shop.
“While the concerns raised regarding potential health and unlawful activity are acknowledged, these issues fall outside the scope of the matters for consideration prescribed by the Environmental Planning and Assessment Act,” the assessment report stated.
“Concerns raised with regard to potential criminal activity are a police matter and not a consideration under the Act.”
The report stated that the DA had been referred to Northern Beaches Police for comment on June 6.
“As no response has been received 21 days of the application being referred to the NSW Police, concurrence may be assumed.”
The report also stated that a site visit by council officers “revealed that the site is currently actively operating as a tobacconist”.
“While retrospective consent cannot be given for physical works already taken, a development application can grant consent for the use to continue. Should the application be approved the use as a ‘shop’ will be formalised.”
Last month the council passed a motion calling on the NSW Government to give all councils the power to regulate where tobacconists can operate so it can keep them away from schools and parks.
This masthead has tried to contact the business owner for comment.
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Originally published as Newport Tobacconist: Shop set to get formal approval eight months after it opened
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