Modern Motels Pty Limited v Fairfield City Council (No 2) [2013] NSWLEC 1224

Land and Environment Court New South Wales

Medium Neutral Citation: Modern Motels Pty Limited v Fairfield City Council (No 2) [2013] NSWLEC 1224 Hearing dates: 4 November 2013 Decision date: 26 November 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application No. 114.1/2012 for the construction of two buildings to be used for take-away food premises (Red Rooster and Souvlaki Hut) and associated parking and drive through facilities at 161-167 Hume Highway Lansvale is refused. 3. The exhibits are returned with the exception of exhibit 1. Catchwords: REMITTED HEARING: appeal under s 56A against refusal of development application for construction of two buildings to be used for take-away food premises (Red Rooster and Souvlaki Hut) and associated parking and drive through facilities - whether "practicable, vehicular access to the land is provided by a road other than the classified road" Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 138 Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 1075 Category: Principal judgment Parties: Modern Motels Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Dr S Berveling, barrister (Applicant) Mr A Seton, solicitor (Respondent) Solicitors Anthony Clive Parisi Solicitor (Applicant) Marsdens Law Group (Respondent) File Number(s): 11165 of 2012 Publication restriction: No