Pearl Investment (Aust) Pty Ltd v Armidale Regional Council (No.2) [2022] NSWLEC 1725

Land and Environment Court New South Wales

Medium Neutral Citation: Pearl Investment (Aust) Pty Ltd v Armidale Regional Council (No.2) [2022] NSWLEC 1725 Hearing dates: 7, 8, 11 and 22 July 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court Orders: (1) the appeal is upheld. (2) the Applicant's development application DA-109-2021 seeking consent for the construction of a new service station including a single storey convenience store and takeaway food/drink premises, a cool room, storeroom, office and amenities at Lot 3 DP 1129942, also known as 4 Link Road, Armidale is determined by the grant of consent, subject to the conditions at Annexure 'A. (3) the exhibits are returned, except Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – proposed service station– whether potential noise impacts are acceptable – whether potential impacts concerning character, visual and streetscape are acceptable – consideration of conditions of consent – directions concerning facilitation of site access – consent in the public interest. Legislation Cited: Environmental Planning and Assessment Act 1979 s 4.15 Cases Cited: Pearl Investment (Aust) Pty Ltd v Armidale Regional Council [2022] NSWLEC 1584 Category: Consequential orders Parties: Pearl Investments (Aust) Pty Ltd (Applicant) Armidale Regional Council (Respondent) Representation: Counsel: H Irish (Applicant) K Mortimer (Solicitor)(Respondent)

Solicitors: MBM Legal and Conveyancing (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/340085 Publication restriction: No