Business
30 July, 2026
Breaking: Woolworths wins Moss Vale court battle against council
Woolworths has won its appeal against Wingecarribee Shire Council's refusal of its proposed Moss Vale supermarket, with the NSW Land and Environment Court approving the major development after finding it would deliver a net economic benefit to the town.
Woolworths has won its appeal against Wingecarribee Shire Council's refusal of its proposed Moss Vale supermarket, with the NSW Land and Environment Court approving the major development after finding it would deliver a net economic benefit to the town.
In a decision handed down this week, Commissioner Sue O'Neill overturned the council's refusal and granted consent for the development at 231-233 Argyle Street, subject to a range of conditions.
The proposal includes a two-storey shopping centre featuring a full-line Woolworths supermarket, six specialty retail stores, first-floor commercial space, a 242-space car park, landscaping, business signage and major road upgrades, including traffic lights at the Argyle Street and Valetta Street intersection.
The application was originally refused by Wingecarribee Shire Council amid concerns it would damage Moss Vale's existing town centre, create an oversupply of supermarket floor space and generate unacceptable traffic impacts.
However, after a three-day hearing in May, the court rejected those arguments.
Commissioner O'Neill found the development would have a significant impact on existing supermarkets, but said competition between businesses was not, by itself, a planning reason to refuse the proposal.
Instead, the court found the development would retain spending currently leaving Moss Vale, increase consumer choice and deliver an overall economic benefit to the town while having only a minimal impact on most specialty retailers.
The judgment noted Moss Vale's existing supermarkets are already trading above national averages and found they would remain viable despite increased competition.
The commissioner also accepted evidence that Moss Vale currently lacks a full-line supermarket, forcing many residents to shop in Bowral or Mittagong.
The court found the proposed Woolworths site forms a natural extension of the northern end of the town centre and that pedestrian access between the development and the existing CBD would be acceptable.
Traffic concerns raised by the council were also dismissed, with the court finding proposed road upgrades and traffic signal changes would adequately address safety issues. Transport for NSW had also supported the traffic arrangements subject to conditions.
The approval is subject to deferred commencement conditions, including securing lawful access arrangements over adjoining land before construction can begin.
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