Woolworths Limited v Gloucester Shire Council [2012] NSWLEC 1321

Land and Environment Court New South Wales

Medium Neutral Citation: Woolworths Limited v Gloucester Shire Council [2012] NSWLEC 1321 Hearing dates: 14 November 2012 Decision date: 22 November 2012 Jurisdiction: Class 1 Before: Pearson C Decision: Appeal upheld Catchwords: CONSENT ORDERS - Development Application - Service station Legislation Cited: Environmental Planning and Assessment Act 1979 Gloucester Local Environmental Plan 2010 Category: Principal judgment Parties: Woolworths Limited (Applicant) Gloucester Shire Council (Respondent) Representation: Counsel Ms A Hemmings (Applicant) Solicitors Corrs Chambers Westgarth (Applicant) Mrs L Finn, HWL Ebsworth (Respondent) File Number(s): 10949 of 2012

Judgment 1This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal of development consent for Development Application DA 2012/2134 (lodged on 5 April 2012) for the construction of a petroleum filling station including a pay-point kiosk, three double sided fuel dispensers, car parking, landscaping and associated signage, at 111-115 Church Street Gloucester (the site). 2The site is located on the western side of Church Street and is Lot 8 DP 708955, Lot 9 DP 779143 and Lot 10 DP 37029. There is presently a single storey detached dwelling on each of the three lots. To the south of the site are single storey detached dwelling houses, and to the east of the site is a mix of low and medium density residential development. 3The Council previously granted consent to DA 2009/1866 on 24 August 2011 for a new service station, roadworks, shop, signage and subdivision on the subject land and land to the west (Lot 11 DP 1074802). That development consent was subsequently surrendered. Development consent DA 2011/2092 granted on 16 November 2011 approved a new commercial retail building (supermarket), demolition of existing buildings and signage on the subject land together with Lot 11 and part of Lot 12 DP 1074802. While separate developments, the proposed development incorporates vehicle access from the approved supermarket site to the proposed service station. The proposed development includes four car parking spaces in the adjacent supermarket development. 4On 29 June 2012 the Council refused consent to the development application the subject of these proceedings. The applicant requested a review under s 82A of the Act, and on 18 July 2012 the Council affirmed its previous decision to refuse consent. The applicant lodged its appeal under s 97 of the Act on 12 September 2012. 5The parties have reached agreement as to the conditions on which the development can be approved, and are seeking consent orders from the Court. For the reasons below, I am satisfied that it is lawful and appropriate to grant consent subject to the proposed conditions.