Upper Hunter Developments v Muswellbrook Shire Council [2008] NSWLEC 1284

Land and Environment Court of New South Wales

CITATION : Upper Hunter Developments v Muswellbrook Shire Council [2008] NSWLEC 1284

APPLICANT Upper Hunter Developments (Muswellbrook) Pty Limited PARTIES : RESPONDENT Muswellbrook Shire Council

FILE NUMBER(S) : 10150 of 2008

CORAM: Brown C

KEY ISSUES: Appeal :- modification of conditions of consent - fence construction - fence location - acoustic treatment of adjoining windows

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 11/06/08

EX TEMPORE JUDGMENT DATE : 11 June 2008

APPLICANT Mr G Williams, solicitor SOLICITORS Thompson Norrie LEGAL REPRESENTATIVES: RESPONDENT Mr A McKelvey, solicitor SOLICITORS Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

11 June 2008

10150 of 2008 Upper Hunter Developments (Muswellbrook) Pty Limited v Muswellbrook Shire Council

JUDGMENT 1 This is an appeal against a decision of Muswellbrook Shire Council to modify development consent 488/2004, for a service centre development, at 139 to 145 Maitland Street, Muswellbrook. The service centre comprises a service station with convenience store, a restaurant outlet with drive through facilities and associated parking.

2 The land is currently vacant land following demolition of the previous structures in 2006 which formerly operated as a service station with ancillary buildings and comprised a motor cycle sale and repair premises, a car rental outlet, an upholstery business and a refrigeration air-conditioning business in three buildings. The sites consist of Lots 12, 13, 14 and 15 in DP 393848 and has a frontage of approximately 90 m to Maitland Street and a depth of approximately 40 m. 3 The subject site is immediately adjoined on its south eastern boundary by a motel developer known as Baybrook Motel, located at 147 to 151 Maitland Street. The site is surrounded on all sides by residentially zoned land. Developed along the rear boundary comprises six residential allotments immediately adjoining that boundary, each containing single residential dwellings with frontage to Acacia Drive and Eucalypt Avenue. Development joining the eastern boundary comprises a single residential development at 135 to 137 Maitland Street.