Coles to appeal ACAT ruling on Dickson car park redevelopment

In March, the ACT Civil and Administrative Tribunal overturned the ACT Planning Authority's decision to approve the controversial mixed-use development in Canberra's inner north, finding it broke too many planning rules.

However, Coles has applied to challenge that decision in the Supreme Court, alleging the tribunal erred in law on a number of fronts.

It's understood its application asks that it be allowed to appeal the decision, that the tribunal's decision be set aside, and the matter go before a differently constituted tribunal. It has also asked for the costs of the appeal.

A Coles spokesman confirmed the appeal was in train but declined to comment further.

Jane Goffman, one of the residents opposed to the Coles development in its current form, said the company was "bullying" the local community into accepting a "bad development".

"Fishing for some tiny thing to tear down an independent and professional tribunal’s resounding and comprehensive refusal does not display good corporate citizen behaviour," Ms Goffman said.

A spokeswoman for Greens crossbencher Caroline Le Couteur said she was disappointed to hear about the appeal.

"We’d encourage the Coles Group to spend their money on architects, not lawyers – to heed the clear calls from our local community and develop their plans accordingly, rather than simply appealing the umpire’s decision," she said.

It's another twist in one of Canberra's longest running planning sagas.

Coles' development arm first lodged plans to build two supermarkets and 155 apartments on the car park on the corner of of Antill and Badham streets in late 2014.

But the developers were sent back to the drawing board in early 2015 after local residents and businesses complained about its impact on traffic and pedestrian safety.

Their main concern was the "mall" Coles wanted to build would cut off pedestrian access to the Dickson group centre, strangling small businesses and activity in the eclectic courtyards.

The ACT government gave the green light to scaled back plans in June 2016, however residents said there were still traffic and accessibility problems with the new development.

Woolworths' landlord Charter Hall filed an appeal against the approval in July 2016, and the North Canberra Community Council and Downer Community Association as joined parties.

There were 15 days of hearings over several months, and members of the tribunal mulled over the evidence for more than a year after hearings concluded.

In its decision, the tribunal called on the territory government to review its planning laws, after Coles tried to quash the appeal on a technicality.

Lawyers for Coles questioned whether ACAT had the power to review the planning approval, because of ambiguously worded legislation.

That argument does not appear to be part of its appeal, which it is understood is built on the tribunal's interpretation of the myriad of different planning codes and rules that govern the precinct.

The Woolworths car park is not one of the blocks of land at the centre of the controversial Dickson landswap, however its fate is tied to it.

The Land Development Agency made the complicated land deal with the Dickson Tradies to trade the government-owned car park next door to its club for the CFMEU headquarters and old Downer Club in 2014.

However the Tradies Club will only pay for the land once the Coles development is finished to ensure there is still parking in the area.

The land deal could be referred to the ACT's proposed anti-corruption commission, after an Auditor-General probe found the CFMEU-linked club was given "significant concessions" by the government worth up to $2.6 million.