Modern Motels Pty Limited v Fairfield City Council (No 2) [2013] NSWLEC 1224

Modern Motels Pty Limited v Fairfield City Council (No 2) [2013] NSWLEC 1224

It is practicable to provide access to the land by a road other than the classified road (Chadderton Street) because there are no physical or operational constraints, queuing impacts are acceptable, and arguments about economic impracticability were unsupported.

Parties
Applicant: Modern Motels Pty Ltd; Respondent: Fairfield City Council
Jurisdiction
Australia
Judgment Date
26 November 2013
Procedural Posture
Appeal Under S 56 a Land and Environment Court Act 1979 (class 1) / Remitted Hearing Following Appeal
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Application, Access to Classified Roads, Interpretation of 'practicable' Under Planning Policy
Environmental Law Planning Law Development Application Access to Classified Roads Interpretation of 'practicable' Under Planning Policy

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Parties

Modern Motels Pty Ltd

Applicant

Fairfield City Council

Respondent

Procedural Posture

Appeal Under S 56 a Land and Environment Court Act 1979 (class 1) / Remitted Hearing Following Appeal

Legal Issues

  1. 1 Whether it is practicable for vehicular access to the land to be provided by a road other than the classified road as required by cl 101(2)(a) of the State Environmental Planning Policy (Infrastructure) 2007
  2. 2 Whether access from Hume Highway was acceptable in light of road safety considerations

Ratio Decidendi

It is practicable to provide access to the land by a road other than the classified road (Chadderton Street) because there are no physical or operational constraints, queuing impacts are acceptable, and arguments about economic impracticability were unsupported.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development Application No. 114.1/2012 for the construction of two buildings to be used for take-away food premises (Red Rooster and Souvlaki Hut) and associated parking and drive through facilities at 161-167 Hume Highway Lansvale is refused.