Focus Trading Group Pty Ltd v Cumberland Council [2020] NSWLEC 1044

Land and Environment Court New South Wales

Medium Neutral Citation: Focus Trading Group Pty Ltd v Cumberland Council [2020] NSWLEC 1044 Hearing dates: 19 –20 November 2019 Date of orders: 17 March 2020 Decision date: 04 February 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the construction of a vehicular crossing and layback for an existing service station at Lot 4 DP 21134 known as 449 Great Western Highway, Greystanes, including: (a) the creation of an additional point of egress from the service station onto Berith Street; (b) the rearrangement of traffic movements into the site such that the existing point of access and egress on Berith Street is amended to entry only; (c) the rearrangement and provision of parking spaces on the site; (d) the rearrangement of traffic movement within the site; (e) line markings and signage on the site to give effect to each of the above; upon the conditions annexed and marked 'A'. (3) The exhibits, other than Exhibit A, are returned. Catchwords: DEVELOPMENT APPLICATION – service station – access – traffic and safety Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Holroyd Local Environmental Plan 2013 Land and Environment Court Act 1979 Roads Act 1993 Texts Cited: Holroyd Development Control Plan 2013 Category: Principal judgment Parties: Focus Trading Group Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)