Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13:

1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's refusal of the applicant's development application (DA-598/2020) (Development Application) seeking consent for change of use from a car wash cafe to a charcoal chicken takeaway restaurant including an amended carparking layout and new waste storeroom on land identified as Lot 10 in Deposited Plan 1008562, known as 2 Queen Street, Revesby NSW (Subject Land).

2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).

Background

3. The Development Application was lodged with the respondent on 31 July 2020.

4. The Development Application was referred to Transport for NSW in October 2020 and again in April 2023.

5 On 26 February 2024, the Development Application was refused by the respondent.

6. On 9 August 2024, the proceedings were commenced, being within the appeal period prescribed by s 8.10 of the EPA Act.

7. Following an initial conciliation conference arranged under s 34 of the LEC Act which was unsuccessful and terminated on 21 February 2025, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The parties therefore requested a second conciliation conference. The Court granted this request and a second conciliation conference was listed on 6 June 2025. I presided over this conciliation conference.

8. Amended documents were filed with the Court on 6 June 2025 (Amended Development Application) cited at [26]. The amendments can be summarised as including:

1) extending the median strip as required by Transport for NSW; and

2) reallocating carparking spaces from the car wash to the chicken shop.

9. The decision agreed upon is for the grant of consent to the Amended Development Application, subject to conditions of consent. The signed agreement is supported by an agreed jurisdictional statement.

10. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.

Jurisdictional considerations

11. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I form this state of satisfaction for the reasons that follow.

Owner's consent

12. The applicant is the registered proprietor of the Subject Land and provided landowner's consent to the Development Application as per the Development Application Form dated 31 July 2020.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19761bca70461f1566f48d0e)

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