Evoke Corporation Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1155

Land and Environment Court New South Wales

Medium Neutral Citation: Evoke Corporation Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1155 Hearing dates: 19 March 2018 Date of orders: 28 March 2018 Decision date: 28 March 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The Orders of the Court are:

(1) The Applicant is granted leave to rely on the amended plans listed at Condition 1 of Annexure 'A' to this judgment; (2) The Court upholds the Applicant's cl.4.6 written request to vary the height control development standard set out in cl.4.3 of Wingecarribee Local Environment Plan 2010 (3) The appeal is upheld; (4) The Applicant's development application (DA 2017/0068), as amended, for the demolition of existing buildings and the erection of a supermarket building with signage at 166 Argyle Street and 6-8 Robertson Road, Moss Vale, is approved, subject to the conditions of consent annexed hereto as Annexure 'A'; (5) The Respondent is to provide to RMS a copy of this judgment within seven (7) days after the date of orders; (6) The exhibits are returned with the exception of exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION: construction of a supermarket; cl.4.6 request to vary development standard for height; adequacy of proposed traffic and parking arrangements; public interest. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Moss Vale Town Plan Development Control Plan 2015 State Environmental Planning Policy (Infrastructure) State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 64 – Advertising and Signage State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Wingecarribee Local Environment Plan 2010 Cases Cited: Nil Texts Cited: Wingecarribee Development Control Plan 2015 Category: Principal judgment Parties: Evoke Corporation Pty Ltd Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: G. Farland (Applicant) C. Shaw (Respondent)