Servo controversy

Despite a number of submissions, at its September meeting Edward River Council approved the development, with six councillors in favor and three against.

It followed a robust 30 minute debate which covered heavy vehicle access, operating hours and potential impacts on neighbouring sensitive land uses.

One of those against the development was Cr Frank Schofield, who was unsuccessful with a motion seeking a deferral, but has since submitted a Notice of Motion to rescind the resolution, which has been accepted.

Council will consider the Notice of Motion at its October meeting.

The modified redevelopment plan approved in September was for a service station at 68-72 Hardinge St, amending a development that was approved in June 2023.

The approved modifications included installation of a diesel canopy and diesel dispenser, relocation of underground fuel tanks and associated infrastructure, an additional access driveway from Poictiers St, revised site circulation, amended trading hours and permission for 19-metre articulated vehicles to refuel on the site.

Council's resolution also acknowledged three submissions received during the public exhibition period and two further submissions received after the amended proposal was re-notified to neighbours.

The original approval was for a service station with a convenience store, fuel canopy, underground fuel tanks, car parking and associated works.

A number of significant changes originally sought by the applicant were removed during the assessment process.

The applicant initially sought permission for 24-hour trading and access for 26-metre B-doubles. Following concerns raised by Transport for NSW, council staff and community submissions, the proposal was amended.

Transport for NSW did not support B-double access, citing road network limitations and the fact B-doubles are not permitted on Poictiers Street.

The final approval limits access to 19-metre articulated vehicles and introduces revised trading hours of 5am to 10pm Monday to Friday, 6am to 11pm Saturday and 6am to 9pm Sunday.

Fuel and goods deliveries would not be permitted before 7am or after 10pm.

During debate, Cr Schofield argued the application should be deferred for further investigation.

He questioned whether the proposal remained substantially the same development as originally approved and raised concerns about the introduction of diesel refuelling facilities for heavy vehicles adjacent to approved childcare and seniors living developments.

Cr Schofield said he was not satisfied sufficient evidence had been provided regarding the impact of heavy vehicle noise, lighting, fuel vapours and emissions.

"We have no noise assessment," he told the meeting.

"What evidence is there to say that the proposed acoustic treatment will achieve the appropriate reduction in noise to these sensitive areas?"

Cr Schofield’s unsuccessful foreshadowed motion sought a deferral while council obtained independent planning and legal advice and undertook further assessment of potential amenity impacts.

Deputy Mayor Kellie Crossley also questioned why detailed acoustic, air quality and other technical assessments would occur later in the construction certificate stage rather than before council determined the modification application.

Council officers advised the mitigation measures proposed as part of the development application, including acoustic fencing, would require detailed supporting information before construction could commence and would need to comply with applicable environmental and planning requirements.

Supporters of the recommendation pointed to the extensive assessment undertaken by council staff and the changes already made to the proposal during the approval process.

Cr Linda Fawns said it was encouraging to see investment in a prominent vacant site.

"We have someone who's prepared to start a business, run a business and grow in our community," Cr Fawns said.

"The building has been sitting there empty. So, I'm really grateful that someone has repurchased it and are prepared to do something."

Cr Craig Druitt said advances in emissions technology had significantly reduced pollution from modern heavy vehicles and argued the redevelopment would provide economic benefits for the town.

Council's assessment report concluded the modified layout represented an improvement on the original design, particularly in relation to vehicle movement through the site.

The report also noted additional acoustic fencing and landscaping would be required along boundaries adjoining the approved seniors living development and neighbouring childcare site.

Voting to approve the service station were Mayor Ashley Hall, Crs Craig Druitt, Ken Bates, Shirlee Burge, Linda Fawns and Shannon Sampson. Opposing it were Deputy Mayor Kellie Crossley, Cr Frank Schofield and Cr Leanne Mulham.