Spectrum Retail Group Pty Ltd v Lismore City Council [2022] NSWLEC 1171

Land and Environment Court New South Wales

Medium Neutral Citation: Spectrum Retail Group Pty Ltd v Lismore City Council [2022] NSWLEC 1171 Hearing dates: Conciliation conference on 7 and 14 February and 16 and 21 March 2022 Date of orders: 05 April 2022 Decision date: 05 April 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away in the amount of $1.00 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA21/57, for the demolition of existing structures, removal of six (6) trees and construction of a service station and neighbourhood shop with associated site works on the land described as Lots 1 and 2 DP 300777 and Lot 4 Section 2 DP 4372 known as 135 – 139 Union St South Lismore, subject to the conditions in Annexure A. Catchwords: APPEAL – development application – service station and neighbourhood shop – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, cl 23(1) Land and Environment Court Act 1979, s 34 Lismore Local Environmental Plan 2012, cll 2.3, 5.21, 6.2, 6.3, 6.4, 6.9 Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019, cl 8 Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 State Environmental Planning Policy Amendment (Flood Planning) 2021 State Environmental Planning Policy (Industry and Employment) 2021, cll 3.1, 3.6 and Sch 5 State Environmental Planning Policy (Infrastructure) 2007, cll 45(2), 101 State Environmental Planning Policy (Resilience and Hazards) 2021, cll 3.12 and 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.48, 2.118 State Environmental Planning Policy No. 33 – Hazardous and Offensive Development State Environmental Planning Policy No. 55 – Remediation of Land, cl 7 State Environmental Planning Policy No. 64 – Advertising and Signage Category: Principal judgment Parties: Spectrum Retail Group Pty Ltd (Applicant) Lismore City Council (Respondent) Representation: Counsel: J Reid (Applicant) J Corradini-Bird (Solicitor) (Respondent)