Benclutch Pty Limited v Liverpool City Council [2012] NSWLEC 1284

Land and Environment Court New South Wales

Medium Neutral Citation: Benclutch Pty Limited v Liverpool City Council [2012] NSWLEC 1284 Hearing dates: 3, 4 October 2012 - Final Orders on 30 November 2012 Decision date: 15 October 2012 Jurisdiction: Class 1 Before: Hussey C Decision: 1. The appeal is upheld. 2. The conditions of consent for the DFE development at 20 Scrivener Street, Warwick Farm are modified as shown in Attachment B. 3. The exhibits may be returned except for 1, 3, 5 and P. Catchwords: DEVELOPMENT MODIFICATION - Extension of early morning operating hours for heavy vehicle access to industrial use, traffic safety, sleep disturbance Legislation Cited: Environmental Planning and Assessment Act 1979 Liverpool Local Environmental Plan 2008 Cases Cited: Telstra Corp Ltd v Hornsby Shire Council [2006] NSWLEC 133 Category: Principal judgment Parties: Benclutch Pty Limited (Applicant)

Liverpool City Council (Respondent) Representation: Counsel Ms S Duggan SC (Applicant)

Mr A Pickles (Bar) (Respondent) Solicitors Blackstone Waterhouse Lawyers (Applicant)

Sparke Helmore (Respondent) File Number(s): 10022 of 2012

Judgment

Background 1This appeal is against council's refusal of a s 96 application to modify the approved hours of operation for the Direct Freight Express (DFE) warehousing and distribution development located at 20 Scrivener Street, Warwick Farm. Whilst the subject property is situated within the Warwick Farm industrial area, all vehicular access is through the adjoining lowdensity residential area containing equine activities. 2The development consent was granted on 13 August 2007 and included the following Condition 24: HOURS OF OPERATION 24. The hours of operation must be limited to 6:00am until 9:30pm Monday to Friday. 3In order to facilitate a more orderly receipt and distribution of goods at the warehouse, the applicant initially sort to extend the operating hours to a 24/7 basis. However after consideration of the issues raised by council, the modification now proposes the following traffic arrangements: Table 1 WEEKDAYS 3.30am -6.00am Semi Trailers & B Doubles Maximum of 8 trucks arriving per weekday Workforce Cars 42 cars arriving with the majority (30 cars) between 5am - 6am, and 8 cars departing the premises per weekday 9.30pm-10.30pm Semi Trailers & B Doubles Maximum of 4 trucks departing per weekday Workforce Cars 2 cars departing the premises per weekday SATURDAY 3.30am-6.00am Semi Trailers & B Doubles Maximum of 12 trucks arriving per Saturday, and 2 trucks departing the premises per Saturday. 7.00am - Midday Workforce Cars 12 cars departing per Saturday. Workforce Cars 6 cars arriving at the premises and 6 cars departing per Saturday. SUNDAY 7.00am-9.00am Semi Trailers & B Doubles 1 truck arriving at the premises per Sunday. Workforce Cars 1 car departing the premises per Sunday. 4.00pm - 7.00pm Semi Trailers & B Doubles A maximum of 1 truck arriving at the premises and 3 trucks departing the premises per Sunday. Workforce Cars 3 cars arriving and 2 cars departing the premises per Sunday.