Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 138

Land and Environment Court New South Wales

Medium Neutral Citation: Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 138 Hearing dates: 12 August 2013 Decision date: 12 August 2013 Jurisdiction: Class 1 Before: Preston CJ Decision: 1. The appeal is allowed. 2. The decision and orders of Commissioner Brown made on 7 May 2013 are set aside. 3. The matter is remitted to Commissioner Brown for determination in accordance with the decision of the Court. Catchwords: APPEAL - appeal against Commissioner's decision on a question of law - refusal of development application concerning proposed construction and use of two buildings for takeaway food premises and associated works - development with frontage to classified road - whether Commissioner erred in construing the relevant criteria governing approval of development on land with frontage to a classified road - "where practicable, vehicular access to the land is provided by a road other than a classified road" - Commissioner did not err in finding in that vehicular access be provided by a road other than the classified road, but did err in construing the requirement that such vehicular access be "where practicable" - whether it was fair and reasonable for an order for costs to be made in favour of appellant - not fair and reasonable to make costs order - appeal allowed - matter remitted Legislation Cited: Land and Environment Court Act 1979 s 56A Land and Environment Court Rules 2007 r 3.7 State Environmental Planning Policy (Infrastructure) 2007 cl 101(1), (2) Texts Cited: Macquarie Dictionary, 2nd ed (rev) (1987) Category: Principal judgment Parties: Modern Motels Pty Limited (Appellant) Fairfield City Council (Respondent) Representation: Mr P J McEwen SC (Appellant) Mr A J Seton (Solicitor) (Respondent) Anthony Parisi Solicitors (Appellant) Marsdens Law Group (Respondent) File Number(s): 10364 of 2013 Publication restriction: No