Megaplay Properties Pty Ltd v Cessnock City Council [2021] NSWLEC 1712

Land and Environment Court New South Wales

Medium Neutral Citation: Megaplay Properties Pty Ltd v Cessnock City Council [2021] NSWLEC 1712 Hearing dates: 6-7 October 2021 Date of orders: 23 November 2021 Decision date: 23 November 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the extension of trading hours to 24 hours, 7 days a week, for the service station and food and drink premises at 247 Wine Country Drive, Nulkaba, subject to the conditions of consent in Annexure A. (3) The exhibits are returned, except for Exhibits A and 5. Catchwords: APPEAL – development application – extension of trading hours of service station and food and drink premises – 24-hour operation – acoustic impacts – sleep disturbance – character of the area Legislation Cited: Cessnock Local Environmental Plan 2011, cl 2.3 Environmental Planning and Assessment Act 1979, s 8.7 State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Koala Habitat Protection) 2020 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Fairfield City Council v N & S Olivieri P/L [2003] NSWCA 41 Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Texts Cited: Australian Standards: AS 1158.3:2005 Lighting for roads and public spaces – Pedestrian Area (Category P) Lighting – Performance and design requirements Australian Standards: AS 4282:1997 Control of the obtrusive effects of outdoor lighting Cessnock Development Control Plan 2010 Department of Environment, Climate Change and Water NSW, NSW Road Noise Policy (March 2011) Environment Protection Authority NSW, Noise Policy for Industry (2017) Department of Environment, Climate Change and Water NSW, NSW Road Noise Policy (March 2011) Hunter Regional Plan 2036 Road and Maritime Services, Guide to Trip Generating Developments (2002) Category: Principal judgment Parties: Megaplay Properties Pty Ltd (Applicant) Cessnock City Council (Respondent) Representation: Counsel: T To (Applicant) J McKelvey (Respondent)