1. Cooper v Wingecarribee Shire Council; 2. Woolworths Limited v Wingecarribee Shire Council [2016] NSWLEC 1192

1. Cooper v Wingecarribee Shire Council; 2. Woolworths Limited v Wingecarribee Shire Council [2016] NSWLEC 1192

The expert traffic, engineering and town planning evidence established that the additional information and amended plans resolved the Council's contentions, including traffic, access, roadworks and planning issues. The objectors' concerns were either addressed by conditions and the Plan of Management or were not supported by evidence or not reasons to refuse consent. There were therefore no reasons, on the evidence before the Court, why consent should not be granted to either development application subject to conditions.

Jurisdiction
Australia
Judgment Date
26 May 2016
Procedural Posture
Class 1 Development Application Appeals / Appeals Against Deemed Refusal; Final Judgment and Orders After Concurrent Hearing
Outcome
Appeals upheld; both development applications approved subject to conditions.
Legal Topics
['development Consent' 'traffic and Access' 'classified Road Frontage' 'signage' 'building Appearance' 'service Station' 'food and Drink Premises' 'conditions of Consent']
['environmental Planning and Development' 'land and Environment Court Appeals'] ['development Consent' 'traffic and Access' 'classified Road Frontage' 'signage' 'building Appearance' 'service Station' 'food and Drink Premises' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeals / Appeals Against Deemed Refusal; Final Judgment and Orders After Concurrent Hearing

Legal Issues

  1. 1 ['Whether Development Application No 15/0284 for a KFC restaurant on Lot 2 DP 1187383 at 98 Bowral Road should be approved.' 'Whether Development Application No 15/0434 for a service station on Lot 1 DP 1187383 at 96 Bowral Road should be approved.' 'Whether the proposed Bowral Road access, common access road, road widening, traffic management and modelling were appropriate.' 'Whether concerns about signage, lighting, colours, materials, landscaping, social issues, rubbish, noise, odour, tree removal, property values and existing similar establishments justified refusal or could be addressed by conditions.']

Ratio Decidendi

The expert traffic, engineering and town planning evidence established that the additional information and amended plans resolved the Council's contentions, including traffic, access, roadworks and planning issues. The objectors' concerns were either addressed by conditions and the Plan of Management or were not supported by evidence or not reasons to refuse consent. There were therefore no reasons, on the evidence before the Court, why consent should not be granted to either development application subject to conditions.

Court Disposition

Appeals upheld; both development applications approved subject to conditions.

Orders

  • ['In matter No 2016/159648: The appeal is upheld.' 'In matter No 2016/159648: Development Application No 15/0284 for demolition of existing structures and the construction of a KFC restaurant and ancillary works including parking, drive through, signage and landscaping at Lot 2 DP 1187383 - 98 Bowral Road, is...