Event and Time
Event Description
- Modification application for a service station development consent at Henty, NSW.
- Original consent granted by Greater Hume Shire Council on 16 February 2022.
- Modification sought to extend operational hours: Monday to Sunday, from 5 am to 12 am Midnight, as a 6-month trial.
Application and Claims
- Applicant: North Manilla Petroleum Pty Ltd, represented by Richard Sinclair (RJ Designs).
- Modification Application filed: 13 May 2022, accepted on 18 May 2022.
- Modification intended to amend condition 55 regarding operational hours.
- Four public submissions opposed the modification, raising concerns about noise and safety.
Judicial Decisions
- The appeal was upheld by the court.
- Development Consent No 10.2021.72.1 was modified as per Annexure A.
- Consolidated Development Consent No 10.2021.72.2 was also established as per Annexure B.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- Extension of hours will provide necessary services to the rural village with minimal impact. - Conducted acoustic assessments supported the modification, predicting noise levels would not disturb residents.
- Respondent's (Council's) Position:
- Originally granted consent conditions should be maintained to protect resident amenity. - The acoustic impacts raised by community submissions and traffic safety concerns needed thorough evaluation.
- Public Submissions:
- Concerns about noise and sleep disturbance due to extended operating hours. - Potential increase in traffic accidents attributed to the extended hours of service.