Fenugreek Investments Pty Limited v Wingecarribee Shire Council [2012] NSWLEC 1214

Land and Environment Court New South Wales

Medium Neutral Citation: Fenugreek Investments Pty Limited v Wingecarribee Shire Council [2012] NSWLEC 1214 Hearing dates: 2 July 2012 Decision date: 08 August 2012 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is disallowed. (2)Condition 16 of DA LUA10/0421 requiring the construction requiring 135m long deceleration lanes to the proposed "Cherry Tree Hill" cellar door at 12324 Hume Highway, Sutton Forest is retained. (3)The exhibits may be returned except for 1, 4, A, B and C. Catchwords: DEVELOPMENT CONSENT - appeal against condition requiring access upgrading from highway Legislation Cited: Environmental Planning and Assessment Act 1979 Wingecarribee Local Environmental Plan 1989 (WLEP 1989) State Environmental Planning Policy (Infrastructure) 2007 Category: Principal judgment Parties: Fenugreek Investments Pty Limited (Applicant)

Wingecarribee Shire Council (Respondent) Representation: Mr C Norton (Applicant) Mr C Campbell (Respondent) File Number(s): 10058 of 2012

Judgment

Background 1This appeal is against Condition 16 imposed on a development consent for a "cellar door use" at the rural property 'Cherry Tree Hill', which is located at 12324 Hume Highway, Sutton Forest. 2Condition 16 requires the construction of both deceleration and extended right turn lanes along the Hume Highway frontage, as follows: 16. Roads and Traffic Authority The following are the requirements of the Roads and Traffic Authority with regard to road safety and traffic management: Prior to the issuing of a construction certificate + Prior to the issuing of the construction certificate, the developer shall enter into a Works Authorisation Deed (WAD) with the RTA for any works on the Hume Highway. Prior to the issuing of an occupation certificate (interim or final) + The developer shall upgrade the junction of the sites access with the Hume Highway to provide left and right turn deceleration lanes of 135m in length including taper to the satisfaction of the RTA in accordance with Austroads Guide to Road Design - Part 4a: Unsignalised and Signalised Intersections. The left and right turns out of the property shall be line marked to provide BAL turnout radii and tapers in accordance with the above standard. + "Left turn only vehicles over 6m signage" shall be installed at the exit to the site. + The RTA will be exercising its powers under Section 64 of the Roads Act 1993 to become the roads authority for works on the Hume Highway. Given this, Section 138 consent under the Roads Act 1993 shall be obtained from the RTA prior to construction. + All road works, traffic control facilities and other works associated with this development, including any modifications required to meet RTA standards, will be at no cost to the RTA. All works shall be completed prior to occupation. + All road works and traffic control facilities must be undertaken by a pre-qualified contractor. Traffic signals must be constructed by a pre-qualified contractor. A copy of the pre-qualified contractors can be found on the RTA website at: http://www.rta.nsw.gov.au/doingbusinesswithus/tenderscontracts.prequalifiedcontractors.html + The developer shall apply for a Road Occupancy Licence (ROL) from the RTA Traffic Operations Unit (TOU) prior to commencing work within the classified road reserve or within 100m of traffic signals. The application will require a Traffic Management Plan (TMP) to be prepared by a person who is certified to prepare Traffic Control Plans. Should the TMP require a reduction of the speed limit, a Speed Zone Authorisation will also be required from the TOU. The developer shall submit the ROL application 10 business days prior to commencing work. It should be noted that receiving an approval for the ROL within this 10 business day period is dependant upon the RTA receiving an accurate and compliant TMP. Note: An approved ROL does not constitute an approval to commence works until an authorisation letter for the works has been issued by the RTA Project Manager.