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

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

The Court found that neither the RTA Guide nor AS2890.1 strictly require a median strip, as the proposed driveway does not itself generate high traffic volumes. The conditions imposed must mitigate low safety risk through improved signage, speed bump, and road markings rather than a median strip.

Parties
Applicant: Focus Trading Group Pty Ltd; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
04 February 2020
Procedural Posture
Appeal (class 1 Land and Environment Court) / Final Judgment and Orders Following Hearing
Outcome
Appeal upheld; development consent granted, subject to conditions.
Legal Topics
Development Application, Existing Use Rights, Traffic and Safety, Consent Conditions
Planning and Environment Local Government Development Application Existing Use Rights Traffic and Safety Consent Conditions

Case Brief

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Parties

Focus Trading Group Pty Ltd

Applicant

Cumberland Council

Respondent

Procedural Posture

Appeal (class 1 Land and Environment Court) / Final Judgment and Orders Following Hearing

Legal Issues

  1. 1 Whether a median strip is required as a condition of development consent for new egress at a service station
  2. 2 Adequacy of proposed signage and internal site arrangements for traffic safety
  3. 3 Application of RTA Guide and AS/NZS 2890.1:2004 to driveway opposite other high-traffic development

Ratio Decidendi

The Court found that neither the RTA Guide nor AS2890.1 strictly require a median strip, as the proposed driveway does not itself generate high traffic volumes. The conditions imposed must mitigate low safety risk through improved signage, speed bump, and road markings rather than a median strip.

Court Disposition

Appeal upheld; development consent granted, subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted for construction of vehicular crossing and layback for the existing service station at Lot 4 DP 21134, 449 Great Western Highway, Greystanes, including creation of additional egress onto Berith Street, rearrangement of traffic movements and parking spaces, line markings, and signage on...