A recent decision in a NSW court overturned an initial refusal by Queanbeyan Council to the proposal. Photo: Google Maps/Screenshot.
A Bungendore service station has been permitted to expand its operations after a court overturned a rejection by the local council.
Queanbeyan-Palerang Regional Council (QPRC) had blocked a bid by Bungendore’s service station to expand its facilities earlier this year.
But in a recent NSW Land and Environment Court decision, Commissioner Danielle Dickson overturned that refusal.
Her decision states this came after a conciliation conference in May, in which the council’s “legislative and merit concerns” with the DA were resolved.
In a development application (DA) lodged on behalf of Pearl Energy No 5 Pty Ltd, it was outlined how it sought to demolish a food and drink premises on the western side of the site as part of an expansion bid.
In its place, Pearl Energy wanted to add a diesel canopy, an underground fuel tank and signage at the service station on Malbon and Butmaroo streets.
The project would also include earthworks and drainage infrastructure.
After a lengthy debate at a meeting in February, the council rejected the proposal.
QPRC meeting minutes from the time state its refusal related to the proposed expansion’s impact.
“The proposed development of the site would lead to an unacceptable impact on the enjoyment of the property at 35 Butmaroo Street, Bungendore due to the environmental impacts from the expanded use of the site, the provision of the proposed diesel fuel canopy and general operation of the site.
“Having regard for the site plan, proposed elevations, and landscape plan, the potential adverse impact to 35 Butmaroo Street cannot be overcome by the addition of conditions.”
But in the recent NSW Land and Environment Court decision, Commissioner Danielle Dickson noted the site was zoned as E1 – Local Centre.
“Development for the purpose of ‘signage’ and ‘service station’ are both nominated permissible uses in the zone, the commissioner said.
“In determining the development application, I have given consideration to the objectives of the E1 Local Centre zone.”
Commissioner Dickson found these works, including the upgraded access off Butmaroo Street, would “improve traffic access to the site and through the development”.
She also said the replaced fence was set to improve visibility, while the approval conditions included measures to address the discovery of any contaminated soil.
In a statement, a QPRC spokesperson confirmed the council was aware of the ruling.
“Council is confident that the conditions of consent will mitigate the concerns raised during the assessment of this application,” they told Region.
“The development will lead to controlled traffic movement through the site with clear entry and exits, improved safety of fuel deliveries with these being undertaken in the site and no longer on the verge, improved screening and landscaping to neighbouring property, and a set of conditions which this site can now operate under, formalising its use as the site has operated as a petrol garage for many decades.”
Under the conditions of consent for the DA, a three-metre-high acoustic wall will run near the northern boundary of the site, along with vegetation that can grow to at least one metre.
“A landscape buffer is to be established between the acoustic wall and the northern lot boundary of the subject site,” the conditions state.
Once open, the facility will operate between 5 am and 11 pm (Monday to Sunday).
Deliveries and waste collection will be allowed between 7 am and 6 pm Monday to Saturday, and between 8 am and 6 pm on Sundays and public holidays.
