REFUSING a petrol station development application on Molong Road would lead to a challenge in the NSW Land and Environment Court, according to councillors.
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Orange City Council approved the proposed 7-Eleven service station, neighbourhood shops and car wash after deferring the matter last month to ask the applicant to consider winding back the operating hours.
The staff report said a meeting was held, but 7-Eleven had a national model of operating 24 hours.
“It is therefore critical to their brand and operational viability that the service station be granted 24-hour approval,” the report said.
The applicant’s response also noted there were commercial land uses on three sides of the development and the BP, 7-Eleven and McDonald’s on Bathurst Road operated close to residential properties.
Resident Lynette Bullen asked for guarantees noise increases would not be heard from her home, fuel tankers would not arrive in the middle of the night and her property value would not drop, while resident Josh Fitzgerald questioned whether a service station was allowed under the B6 zoning.
“Light industrial uses are things in place to carry out industrial activity that does not interfere with the amenity of the neighbourhood – this facility will interfere,” he said.
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Applicant Greg Hargreaves said he had met with the council and individual objectors on traffic, noise and environmental concerns.
“We answered all of those questions and exhausted the conversation as much as we could,” he said.
“I said to them, at the end of the day I think we all agree this is an economic issue and it was agreed it was the value of their property – I have empathy for them, however we’ve operated within the rules here.”
He said the tone of comments on the Central Western Daily’s Facebook page was generally supportive.
“There is support to provide 24-hour services to people who work shift work and who may choose to use it when they see fit, I think they should have that choice.”
Councillor Russell Turner moved approval, which councillor Stephen Nugent opposed, saying the cumulative impacts were too great.
Councillor Jeff Whitton opposed the development last month but changed his view.
“Councillors have to make a call on planning law,” he said.
“They’re giving false hope and telling the objectors what they want to hear – if it goes to the Land and Environment Court, we will lose.”
Deputy mayor Joanne McRae followed up on Mr Fitzgerald’s question and development services director David Waddell said it was permissible.