Modern Motels Pty Limited v Fairfield City Council

Modern Motels Pty Limited appealed against a decision of Fairfield City Council to refuse their development application for the construction of two take-away food premises and associated parking and drive-through facilities. The Local Land Services and the Canterbury Bankstown Council were also parties to the appeal. The dispute was heard by the Land and Environment Court of New South Wales.

The central legal issue before the court was whether the council's refusal of the development application was unreasonable. The applicant argued that the decision was unreasonable because the council did not properly consider the need for additional take-away food premises in the area. The council contended that the development would have a detrimental impact on the local character of the area and would not comply with relevant planning policies.

The court found that the council had properly considered the need for additional take-away food premises and had provided adequate reasons for refusing the application. The court held that the development would have a detrimental impact on the local character of the area and would not comply with relevant planning policies. The court found that the applicant had not demonstrated that the council's decision was unreasonable. The appeal was therefore dismissed, and the development application was refused. The exhibits were returned with the exception of exhibit 1.