Hunter Valley Wine Services Pty Ltd v Muswellbrook Shire Council [2011] NSWLEC 1232

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter Valley Wine Services Pty Ltd v Muswellbrook Shire Council [2011] NSWLEC 1232 Hearing dates: 4 July 2011 Decision date: 05 July 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. Within three weeks the parties are to file an agreed colour scheme and conditions. 2. Liberty to restore on two days notice. Catchwords: APPEAL - Application under s96 to amend conditions of development consent. Visual impact Legislation Cited: Environmental Planning and Assessment Act 1979 Muswellbrook Local Environmental Plan 2009 Cases Cited: Progress and Securities Pty Ltd v North Sydney Council (1988) 66 LGRA 236 Manaldo Pty Ltd v Baulkham Hills Shire Council (1995) NSWLEC 165 Category: Principal judgment Parties: Hunter Valley Wine Services Pty Ltd (Applicant) Muswellbrook Shire Council (Respondent) Representation: Cheney & Wilson Solicitors (Applicant)

Sparke Helmore (Respondent) Mr P Clay, barrister (Applicant)

Mr M Staunton, Barrister (Respondent) File Number(s): 10174 of 2011

Judgment 1COMMISSIONER: This is an appeal against the refusal by Muswellbrook Shire Council (council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 (EPA Act) to modify development consent (DA 239/2002) for the expansion of the existing wine making facilities at the former Oak Factory, 1 Hunter Street, Muswellbrook (the site). 2The site, its locality, the history of the application, and the planning controls, are outlined in the Statements of Facts and Contentions filed by the council on 23 March 2011, and the applicant on 8 April 2011, and in the council's bundle (exhibit 2).