Milestone (Australia) Pty Ltd v Wingecarribee Shire Council [2012] NSWLEC 1312

Land and Environment Court New South Wales

Medium Neutral Citation: Milestone (Australia) Pty Ltd v Wingecarribee Shire Council [2012] NSWLEC 1312 Hearing dates: 1 November 2012 Decision date: 06 November 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal Upheld Catchwords: CONSENT ORDERS: Modification of consent conditions; Access from a classified road. Legislation Cited: Environmental Planning and Assessment Act 1979; State Environmental Planning Policy (Infrastructure) 2007; Road Act 1993 Cases Cited: Moto Projects (No 2) Pty Ltd v North Sydney (1999) 106 LGERA 298 Category: Principal judgment Parties: Milestone (Australia) Pty Ltd (Applicant)

Wingecarribee Shire Council (Respondent) Representation: Mr P Clay SC (Applicant) Carrol O'Dea Lawyers (Applicant)

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 10564 of 2012

Judgment 1Milestone (Aust) P/L lodged an application under the provisions of s 96(2) of the Environmental Planning and Assessment Act 1979 (the EPA Act) which sought to modify conditions contained in Development Consent No. DA07/0613 (consent). That consent was issued by Wingecarribee Council on 18 December 2007 and authorised the construction of a supermarket and associated carparking on what was then known as Lots 1 and 2 in DP 858843, Old Hume Highway Mittagong. The conditions, which Milestone seeks to modify, relate to the prohibition of a right-hand turn by vehicles entering the site from the highway. The application remains undetermined and Milestone is appealing its deemed refusal. 2The parties have agreed on appropriate roadworks that would facilitate safe ingress to the site and are seeking consent orders from the Court.