Fegeta Pty Limited v Campbelltown CC [2005] NSWLEC 232

Fegeta Pty Limited v Campbelltown CC [2005] NSWLEC 232

The modification application should be granted because the identified headlight, traffic, access, behavioural and noise impacts did not warrant refusal, while amended conditions including signage changes, noise level changes, and erection of a 1.8 m high Colorbond fence would appropriately address residual impacts.

Jurisdiction
Australia
Judgment Date
28 April 2005
Procedural Posture
Appeal Pursuant to S 96 of the Environmental Planning and Assessment Act 1979 Concerning a Modification Application / Ex Tempore Judgment
Outcome
Appeal upheld; amended application to extend trading hours granted subject to variations to the existing conditions of consent.
Legal Topics
['modification Application' 'extension of Trading Hours' 'service Station and Convenience Store' 'residential Amenity' 'noise Impacts' 'headlight Impacts' 'conditions of Consent']
['planning and Environment' 'development Consent'] ['modification Application' 'extension of Trading Hours' 'service Station and Convenience Store' 'residential Amenity' 'noise Impacts' 'headlight Impacts' 'conditions of Consent']

Case Brief

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Procedural Posture

Appeal Pursuant to S 96 of the Environmental Planning and Assessment Act 1979 Concerning a Modification Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the existing development consent should be modified to extend the trading hours of the service station and convenience store at 104 Lindesay Street, Campbelltown.' 'Whether headlight impacts on nearby residences warranted refusal of the modification application.' 'Whether vehicle access from Ronald Street should be restricted.' 'Whether behavioural impacts and noise from patrons or vehicles warranted refusal of the modification application.' 'Whether a 1.8 m high Colorbond fence could properly be required as a condition to ameliorate noise impacts.']

Ratio Decidendi

The modification application should be granted because the identified headlight, traffic, access, behavioural and noise impacts did not warrant refusal, while amended conditions including signage changes, noise level changes, and erection of a 1.8 m high Colorbond fence would appropriately address residual impacts.

Court Disposition

Appeal upheld; amended application to extend trading hours granted subject to variations to the existing conditions of consent.

Orders

  • ['The appeal is upheld.' 'The amended application to extend the trading hours of the premises at 104 Lindesay Street, Campbelltown, will be granted.' 'The exhibits, other than Exhibit A, will be returned.' 'The matter is set down for callover on 31 May, subject to liberty to re-list before Moore C at 9am on two days...