Company succeeds in appealing Albury Council decision to reject petrol station in Lavington

The NSW Land and Environment Court has supported the development after Albury Council staff in March refused an application made by Spectrum Retail Group Pty Ltd.

The company is also behind a 7-Eleven store, fast food and fuel outlet planned for Melbourne Road in west Wodonga.

Commissioner Alan Bradbury upheld the appeal, ordered Spectrum pay the council's costs in the amount of $1 and consented to the bid to construct a service station and remove five trees at 342 Urana Road.

The address forms part of a vacant corner block with Sanders Road that previously hosted housing.

Spectrum lodged its development application on May 3 last year and appealed under section 8.7 of the Environmental Planning and Assessment Act after being dissatisfied with the council's rejection.

Conciliation between the company and council was ordered by the court and ran from June 20 to September 2 with Mr Bradbury presiding.

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Four amendments were agreed to by the parties.

They included slightly reducing the floor area of the station's convenience store, installing a median strip along Sanders Road to stop motorists turning right into that thoroughfare, raising an acoustic barrier to 2.9 metres and landscaping it and installing a new boundary fence with adjoining properties.

Objectors to the petrol station had given evidence to the court on June 22.

"The submissions raised issues regarding traffic impacts and safety, noise impacts, amenity impacts, a loss of parking in Urana Road and inadequate setbacks to residential development for the fill point under the hazard analysis requirements of the State Environmental Planning Policy No. 33," Mr Bradbury said.

"The parties' agreed position, which I accept, is that these concerns have been addressed through the amended plans and proposed conditions of consent."

The petrol station is not to expected to open until sometime in the 2023-24 financial year.

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