NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Spectrum Retail Group Pty Ltd v Albury City Council [2022] NSWLEC 1484 Hearing dates: Conciliation conference on 20 June and 1 and 2 September 2022 Date of orders: 13 September 2022 Decision date: 13 September 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. 10.2021.38379.1 for the removal of five (5) trees and the construction and operation of a service station on the land described as Lot 1 DP 504812 and known as 342 Urana Rd Lavington, subject to the conditions in Annexure A. Catchwords: APPEAL – development application – service station – conciliation conference – agreement reached – orders made Legislation Cited: Albury Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 7.1, 7.6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, cl 49 Environmental Planning and Assessment Regulation 2021, Sch 6 Pt 1 cl 3 Interpretation Act 1987, s30A Land and Environment Court Act 1979, s 34 Roads Act 1993, s138 State Environmental Planning Policy (Industry and Employment) 2021, cll 3.1, 3.6 and Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, cll 1.4, 3.10, 3.12, 4.6 and Sch 3, cl 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.119, 2.122 State Environmental Planning Policy No. 33 – Hazardous and Offensive Development, cl 11 Cases Cited: Low Cost Housing No 1 Pty Ltd v Liverpool City Council [2022] NSWLEC 1433 Category: Principal judgment Parties: Spectrum Retail Group Pty Ltd (Applicant) Albury City Council (Respondent) Representation: Counsel: J Reid (Applicant) M Seymour (Respondent)
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