Peregrine Corporation Pty Ltd v Wentworth Shire Council [2018] NSWLEC 1647

Land and Environment Court New South Wales

Medium Neutral Citation: Peregrine Corporation Pty Ltd v Wentworth Shire Council [2018] NSWLEC 1647 Hearing dates: 29 & 30 November 2018 Date of orders: 17 December 2018 Decision date: 17 December 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Appeal is dismissed; (2) Development Application No. 2017/004 to construct and operate a Highway Service Centre at 83-89 Hendy Road, Buronga is refused; (3) The Exhibits are returned with the exception of Exhibits A, B and 2. Catchwords: DEVELOPMENT APPLICATION: new service station – access proposed off Sturt Highway – whether the safety, efficiency and ongoing operation of the highway will be affected by the development. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Wentworth Local Environmental Plan 2011 Cases Cited: Benson McCormack Architects v Manly Council [2013] NSWLEC 1223 Mison and Ors v Randwick Municipal Council (1991) 73 LGRA 349 Modern Motels PTY Ltd v Fairfield City Council [2013] NSWLEC 138 Weal v Bathurst City Council and Anor (2000) 111 LGERA 181 Category: Principal judgment Parties: Peregrine Corporation Pty Ltd (First Applicant) OTR 150 Pty Ltd (Second Applicant) Wentworth Shire Council (Respondent) Representation: Counsel: D Robinson (Applicants)