Kelly Street Service Station going ahead

TONIGHT at the Upper Hunter Shire Council Ordinary Meeting, Council accepted a decision made by the New South Wales Land and Environment Court to approve the construction of a United Service Station at 18 Kelly Street, Scone.

The service station will include a convenience store, overhead fuel canopy, underground fuel tanks and infrastructure and signage.

Council initially resolved to refuse the service station Development Application last year on October 26 however, the applicant, Upper Hunter Developments (Scone)Proprietary Limited then lodged an appeal on December 22.

A Conciliation Conference was held, where the Applicant provided Council staff with revised Traffic Concept Plans and Truck Turning Templates for consideration as well as a Detailed Site Investigation Report (DSI) in response to Council’s Contamination Contention.

Council legal representatives drafted a ‘Conditions of Consent’ document, which was granted by Commissioner Bish in the New South Wales Land and Environment Court on May 14. 

During tonight’s ordinary meeting, Councillor Sue Abbott questioned why councillors were not part of the legal proceedings before the appeal went to court.

“So now we just have to accept that? I understand Council staff went to the court so this was taken out of councillors hands?” questioned Cr Abbott.

Mat Pringle, Director of Environment and Community Services said once the appeal goes to the Land and Environment Court, they become the decision makers instead of Council.

“Government Legal were Council’s representatives in the court and we had engaged people to represent Council. Legal representatives were speaking to council staff to gain advice,” said Mr Pringle.

The total cost incurred by Council in the proceedings was $22,406.00 excluding GST however, the Court has made a s8.15(3) Order in Council’s favour for the Applicant to pay the costs thrown away as a result of the amendments to the plans.

Council’s legal representatives are currently seeking the costs from the Applicant.