Southern Cross Care (NSW & ACT) Limited v Campbelltown City Council [2021] NSWLEC 1031

Land and Environment Court New South Wales

Medium Neutral Citation: Southern Cross Care (NSW & ACT) Limited v Campbelltown City Council [2021] NSWLEC 1031 Hearing dates: 7-10 September 2020, final date of written submissions 14 October 2020 Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend its development application to rely upon the amended architectural and civil plans filed with the Court on 28 September 2020. (2) The Applicant is to pay the Respondent's costs "thrown away" as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is dismissed. (4) Development Application 440/2019/DA-SL for a residential aged care facility at 34 Sturt Street, Campbelltown is refused. (5) The exhibits are returned with the exception of Exhibits 1, G, J, L, M, N, O, P, Q, S, T, U, V. Catchwords: DEVELOPMENT APPLICATION – seniors housing – residential aged care facility – heritage conservation – compatibility – zone interface Legislation Cited: Campbelltown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Futurespace Pty Ltd v Ku-Ring-Gai Council (2009) 169 LGERA 45; [2009] NSWLEC 153 Groeneveld v Wollongong City Council (2009) 168 LGERA 260; [2009] NSWLEC 149 S J Connelly Pty Ltd v Ballina Shire Council [2010] NSWLEC 167 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Veloshin v Randwick Council [2007] NSWLEC 428 Texts Cited: Australia ICOMOS Charter for Places of Cultural Significance, The Burra Charter (2013) Campbelltown (Sustainable City) Development Control Plan 2015 Category: Principal judgment Parties: Southern Cross Care (NSW & ACT) Limited (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: G Farland (Applicant) A Seton (Solicitor) (Respondent)