Voorderhake v Campbelltown Council [2004] NSWLEC 521

Land and Environment Court of New South Wales

CITATION : Voorderhake v Campbelltown Council [2004] NSWLEC 521 APPLICANT Dick Voorderhake PARTIES : RESPONDENT Campbelltown City Council FILE NUMBER(S) : 10168 of 2004 CORAM: Brown C Development Application :- demolition of the existing shopping centre construction of buildings of 4 5 and 7 storey heights to contain 117 residential units with 14 retail units and 10 professional suites KEY ISSUES: consistency with planning controls height bulkand scale visual impact LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Campbelltown (Urban Area) Local Environmental Plan 2002 CASES CITED: DATES OF HEARING: 6, 7/09/04 DATE OF JUDGMENT: 09/22/2004

APPLICANT Mr J Robson, barrister SOLICITORS Pike, Pike and Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr D Wilson, barrister SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner G T Brown

22 September 2004

10168 of 2004 Dick Voorderhake v Campbelltown City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Campbelltown City Council (the council) of Development Application F980/2003 for the demolition of an existing shopping centre and the construction of a mixed retail/commercial/residential development and associated car parking on the site known as the Bradbury Shopping Centre, 69 Jacaranda Ave, Bradbury (the subject site). The subject site 2 The subject site is Lot 100 in DP 618391. It is irregular in shape with its main and western frontage of approximately 90 m to The Parkway. The total site area is 13,191 sq m. Two battle axe styled access ways provide access to the shopping centre from Jacaranda Ave. The northern access provides vehicular and pedestrian access while the southern access is limited to pedestrian access only. The subject site slopes approximately 3 m from its eastern boundary to the western boundary and contains no significant vegetation beyond some mature vegetation along The Parkway. 3 The existing improvements consist of a single level shopping centre with at grade car parking. The existing shopping centre comprises low scale single storey structures with pitched roof forms around a central courtyard. It contains 14 separate tenancies with an approximate floor area of 1900 sq m. Car parking for 43 vehicles is located between the shops and The Parkway.