MCU14-0106 Submission

It is relevant to note that this principle is consistent with Activity Centre based planning policies, national
competition policy and the precedent set in the famous KFC v Ganditis (1979) High Court case.

In KFC v Ganditis the High Court ruled that the threat of competition to existing business, if not accompanied
by a prospect of a resultant overall adverse effect upon the extent and adequacy of facilities available to a
local community will not be a relevant town planning consideration.

Clearly while growth in a market is also important in determining changes in the adequacy of facilities over
time, it is also essential to understand whether latent, unsatisfied demand exists and whether there are gaps in
the market that can be filled without reliance on growth.”




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