A NSW Land and Environment Court has dismissed an appeal by developers who wanted to construct an OTR service station in Buronga.
Developers wanted to build the proposed highway service centre on the Silver City Highway next door to the existing Shell Truck Stop.
However, the proposal failed to get the stamp of approval from Wentworth Shire Council which formally refused the application in February 2022.
The council cited a number of issues for the refusal, particularly in relation to parking.
Developers PC Infrastructure Pty Ltd sought to appeal the council’s decision through the NSW Land and Environment Court, amid concerns that the proposed development would increase the prospect of vehicles carrying out unsafe manoeuvres to head back in a westerly direction.
The court heard that drivers exiting the site with the intention of travelling westbound would be required to make a U-turn or use an alternative route, either of which were undesirable outcomes.
The applicant’s submitted that anyone leaving the nearby IGA development, the Midway Centre, is also required to turn left out of the site.
“They do the same manoeuvre, they turn right, and indeed, the right turn bay was adjusted for that very purpose and a median was extended along the highway in front of the Midway Centre for that very reason, in order to maintain the safety and efficiency of ongoing operation of the classified road,” the applicants submitted.
“So why is it the applicant’s vehicles cause an adverse effect, but the IGA’s vehicles don’t; absolute nonsense.”
The court was told there were also concerns about the design of the vehicular access to the land and that it could not be satisfied that “… the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development”.
Land and Environment Court of NSW Commissioner Elizabeth Espinosa also found that the evidence did not support vehicular manoeuvring of any vehicle greater than 12.5m in length traversing the gradient of the driveway which goes over the existing sewer line.
She said that in the words of expert evidence, access to the site by articulated heavy vehicles over 12.5m was “not practical”.
“I cannot accept the applicant’s submission that a slight adverse impact does not preclude satisfaction,” she said.
Commissioner Espinosa determined to refuse to grant consent to the application and dismissed the appeal.
