Woolworths’ liquor chain Dan Murphy’s set to open in Military Rd Mosman after court win
AFTER a long-running case Dan Murphy has been given the green light to seek a liquor licence to open a store in Mosman after a developer won a Land and Environment Court battle against Mosman Council.
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LIQUOR retailer Dan Murphy’s has been given the green light to open a store near Mosman Fire Station — subject to liquor licence approval — after Mosman Council lost its case in the Land and Environment Court.
Council failed in its bid to challenge the validity of the complying development certificate issued to IPM, developer of the Marque complex that will house the store, and it must pay the costs of at least IPM and a related company.
A private certifier issued the complying development certificate to IPM in March 2014.
The certificate was for internal alterations to the ground floor tenancies of 718-728 Military Rd to create two shops, one for a liquor store and the other for general retailing.
Council argued there was “an irreconcilable conflict” between the conditions of the certificate and the conditions of the most recent development consent for the premises, in relation to vehicle access and car parking.
In a decision late last month, Justice Rachel Pepper found no irreconcilable conflict between the development consent and the certificate.
She also determined that the certificate was valid and therefore dismissed council’s case.
Mosman councillor Roy Bendall said although the court originally ruled in Mosman residents’ favour, the State Government’s subsequent change of laws in regard to complying developments had further eroded the community’s control over what type of development was appropriate.
A council spokeswoman said council was waiting for details of the costs and had made no decision on potential further action.
A spokeswoman for the Woolworths-owned Dan Murphy’s said the retailer was keen to open in Mosman and was pleased to see progress on this front.
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