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Environment Court decides on major Albany Town Centre Plan Change - May 2007

The Environment Court has released its decision (Cornerstone Group Limited et ors v. North Shore City Council A042/2007 – 220 pages) in respect of a major plan change to the North Shore District Plan which sets up the policy and rule framework for the Albany Centre, including a new Mixed Use zone and “main street” retail area.

The Court’s decision followed 23 days of hearing before the Environment Court during December 2006 and January 2007.

Simon Berry was senior counsel for Progressive Enterprises Limited (which company operates the Woolworths, Foodtown and Countdown supermarket banners) which proposes a comprehensive mixed-use development, including a large supermarket, which would facilitate the establishment of the first part of the main street.

Progressive was supportive of the plan change in the face of opposition from Westfield, which is currently developing a major shopping mall at Albany, and the National Trading Company Limited which operates the Pak ‘N Save supermarket there. Both companies argued that the public interest could be better served by significantly altering the plan change and delaying development of the northern part of the centre (especially large-format retail).


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