HomeBusinessHardware wars: Mitre 10 owner blocked from Bunnings lawsuit

Hardware wars: Mitre 10 owner blocked from Bunnings lawsuit

Summary

And Bunnings has argued in court that the supposed traffic issues John Capaldo relied on for his case would be more of an issue from a proposed Aldi project in the same area – which Mr Capaldo has contracted to sell some of his property interests to.Mr Capaldo, whose family owns and operates the Mitre 10 on the corner of Glynburn Rd and Montacute Rd, has campaigned strongly against the planned Bunnings at 37-45 Glynburn Rd, even gathering a petition of more than 1000 business owners and residents opposed to the new outlet, which was first proposed in 2016.The planned new Bunnings has been knocked back for approval by Norwood, Payneham & St Peters Council at least three times, with Bunnings lodging an appeal in December against the most recent rejection.Mr Capaldo and the owners of another business, MLP Motors, applied to the Environment Resources and Development Court to be allowed to join the appeal case on the side of the council, arguing the Bunnings should not be allowed to go ahead.Commissioner Alan Rumsby denied Mr Capaldo’s request, in which he argued that a property owned by himself and three of his siblings on Lewis Rd – 100m and one block over from the planned Bunnings – would be “seriously impacted” by the development, particularly in terms of traffic.Bunnings countered that the Lewis Rd property would be “largely unaffected”, and told the court that the Lewis Rd property “was only identified to the court and the parties once it was discovered that (his company) Capaldo No. 1 would likely not have standing to pursue its joinder application once the sale (to Aldi) of its property at 27-29 Glynburn Road, Glynde was completed’’.“Bunnings said that the joinder application of Mr Capaldo, in respect of his interests in a largely unaffected property at Lewis Road, highlighted that his motivation was simply to secure standing in these proceedings in order to protect Capaldo Investments Pty Ltd’s commercial interests in the Hectorville Mitre 10,’’ the court judgment says.The proposed Aldi supermarket development, which has also been opposed by some in the local community and which was also initially rejected by the State Commission Assessment Panel last year, would be next to the Bunnings and closer to Mr Capaldo’s Lewis Rd property.Aldi later successfully applied for a code amendment for its project site to be rezoned as a “suburban activity centre”.Bunnings argued that the MLP bid to be joined to the case should also “be viewed with suspicion” and suggested it was “a vehicle for somebody else’s interests’’.The Commissioner said there was nothing before the court to suggest there was anything improper in MLP wanting to join the case.He also found there was no convincing evidence put to the court that the Capaldo property would be materially affected by traffic movement caused by the Bunnings development and refused Mr Capaldo’s application to join the case. MLP’s application was approved.Mr Capaldo declined to comment on the matter.

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