Shahin Enterprises Pty Ltd v Development Assessment Commission

Shahin Enterprises Pty Ltd (Shahin) appealed to the Environment Court against the Development Assessment Commission's refusal of development plan consent for a petrol filling station. The proposed development involved the demolition of existing structures and the construction of a control building, five fuel dispensers, and dog wash bays on land at the north-eastern corner of Kensington Road and May Terrace. The appeal was heard de novo, with extensive expert evidence presented on traffic engineering, retail economics, urban design, and town planning.

The legal issues before the Supreme Court of South Australia concerned whether the Environment Court erred in fact and law in its assessment of the proposed development's impact. Specifically, Shahin contended that the Environment Court incorrectly concluded that a queuing vehicle might obstruct traffic on Kensington Road, that multiple occasions of two vehicles queuing behind fuel bowsers were likely, and that the proposal would significantly adversely impact the free flow of traffic on Kensington Road. Shahin also argued that the Environment Court erred by having regard to evidence regarding a Department of Planning, Transport and Infrastructure (DPTI) specification that was not formally tendered.

The Court found that the Environment Court did not err in its assessment of traffic impacts. It clarified that the obstruction to Kensington Road traffic was not caused by a queuing vehicle itself, but by another vehicle stopping on Kensington Road to enter the service station. The Court also held that the Environment Court was entitled to rely on expert evidence regarding the likelihood of queuing vehicles and potential obstructions to footpaths, even if documentary evidence of a DPTI policy was not produced. The Court noted that the Environment Court's conclusions were based on the evidence of traffic engineers regarding vehicle dimensions and queuing protocols, and the specific configuration of the proposed development.

The Court dismissed Shahin's contentions regarding the traffic impacts and the consideration of the DPTI specification. It also found that the Environment Court did not err in its assessment of amenity impacts on residences in May Terrace, noting that the setbacks on Kensington Road had little bearing on this assessment. Consequently, the appeal was dismissed.