120 Smith Pty Ltd v Campbelltown City Council [2021] NSWLEC 1086

Land and Environment Court New South Wales

Medium Neutral Citation: 120 Smith Pty Ltd v Campbelltown City Council [2021] NSWLEC 1086 Hearing dates: 2-5 November 2020 Date of orders: 19 February 2021 Decision date: 19 February 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 4457/2018/DA-M for the construction of a multi dwelling housing development, associated site works and alterations and additions to the existing house, at 50 Badgally Road, Claymore, is refused. (3) The exhibits, other than Exhibits 1, A, B and C, are returned. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development – local heritage item – identification of a heritage curtilage – form of the development is inconsistent with objectives for low density residential zone – inadequate site analysis Legislation Cited: Campbelltown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Ku-ring-gai Council v Bunnings Properties Pty Ltd [2019] NSWCA 28 Rose Bay Marina Pty Limited v Woollahra Municipal Council [2013] NSWLEC 1046 Terrace Tower Holdings Pty Limited v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Texts Cited: Campbelltown (Sustainable City) Development Control Plan 2015 Category: Principal judgment Parties: 120 Smith Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: H Grace (Applicant) M Wright SC (Respondent)