Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) being an appeal against the refusal of Development Application DA0330/22 seeking consent for alterations and additions to the existing shed structure and for change of use to a restaurant, including construction of an associated carparking area (Proposed Development) at 561 and 600 Laws Farm Road, Cumberland Reach legally described Lot 122 in DP1187453, Lot 121 in DP 1279825, Lot 1 in DP1283744, and Laws Farm Road road reserve (the Site).

2. At an earlier directions hearing, the Court listed the matter for a two-day hearing on 10 and 11 July 2025, commencing on-site at 10:30am and returning to Court. An order was also made on 19 June 2025 for a traffic joint expert report to be filed by 27 June 2025.

3. On 2 July 2025, the Civil and Traffic Joint Expert Report prepared by Chris Palmer, Hamie Yahyaei, Andrew Croghan, and Matthew McCarthy was filed and at pp 6 to 7 they helpfully set out the proposal which I reproduce below:

"* Alterations to an existing shed to provide a destination restaurant that has the following characteristics:

o Operating hours of 12pm to 3:30pm & 5:30pm-12 am, 5 days per week (Closed Monday & Tuesday);

o Maximum of 150 guests daily and at any one time on a Friday, Saturday and Sunday - e.g. 75 guests for the lunch service/75 guests for the dinner service, 50 guests for the lunch service/100 guests for the dinner service, 0 guests for the lunch service/150 guests for the dinner service, etc

o Maximum of 40 guests daily and at any one time on a Wednesday & Thursday

o The site will employ 5-15 staff to support the use;

o Seeks to provide restaurant guests with a 'farm to table' experience whilst promoting sustainable agriculture and the Hawksbury Region;

o All guests will be required to book in advance;

* The removal of selected trees are sought to support the proposed car park and the APZ;

* A new outdoor car park which has considered tree protection zones (TPZ) and comprises 72 car parking spaces, plus 3 parking spaces capable of accommodating 6m long mini-vans (~12 seats)

* 2 accessible car parking spaces located directly outside the subject building

* Informal truck parking area accommodating up to a 6.4m small rigid vehicle (SRV); and

* Realignment of the paper road;

* Coaches/Buses prohibited;

* An APZ to be established around the subject building, in accordance with RFS requirements.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19878cba436f782968ecfe77)

Disclaimer: Curated by HT Syndication.