Cambridge to defend Supreme Court Appeal Against Rejected Application

Published on 19 June 2019

The Town of Cambridge is set to defend the Supreme Court appeal lodged by developers in regards to the State Administration Tribunal ('SAT') ruling in May rejecting the planning and development application for No 59 (Lot 423) Marlow Street, Wembley.

A well - qualified and experienced legal firm, with expertise in planning law has been engaged by the Town. In August 2018 an application was made to the Town seeking approval for the development of a mechanical workshop and car wash at the site.

The application was refused by the Council and the Applicants then requested the SAT to review the Town's decision.

At the May 15 hearing, the SAT upheld the Council's original decision.

Cambridge Mayor Keri Shannon said that while it was the Applicant's legal prerogative to appeal the SAT ruling, the Town would be defending its original decision and that she was confident the appeal would be dismissed.

"The Town of Cambridge has been totally consistent and diligent in applying the planning laws in this matter and articulating the basis for the application refusal" she said.

"When the development proposal was originally advertised, the Town received 127 objections mainly based on the expected noise that a carwash operating 24/7 would generate.

"It is important for the Town to defend this position to protect the amenity of the surrounding residents and ensure that their right to enjoy their home is not unduly impacted by this development."

A date for the hearing of the appeal is yet to be set.