Trek Consulting Services Pty Ltd v Campbelltown City Council [2004] NSWLEC 627

Land and Environment Court of New South Wales

CITATION : Trek Consulting Services Pty Ltd v Campbelltown City Council [2004] NSWLEC 627 APPLICANT Trek Consulting Services Pty Ltd PARTIES : RESPONDENT Campbelltown City Council FILE NUMBER(S) : 11624 of 2003 CORAM: Tuor C. Development Application :- Residential development KEY ISSUES: Consistency with existing and future character Impact on residential amenity Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 65 Campbelltown Local Environmental Plan 2002 CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 ; Zhang v Canterbury City Council (2001) 115 LGERA 373 DATES OF HEARING: 14 and 15/09/04 DATE OF JUDGMENT: 11/10/2004

APPLICANT Mr J Robson SC Solicitors Mulally Mylott LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton Solicitors Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

10 November 2004

11624 of 2003 Trek Consulting Services Pty Ltd v Campbelltown City Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the refusal by Campbelltown City Council (the council) of a development application (F686/2003) to demolish the existing houses and construct a residential development at lot 1 DP 910270, and lots 8, 9 and 10 DP 911247, known as 145 Dumaresq Street and 186-190 Lindesay Street, Campbelltown (the site). 2 For the reasons set out in this judgment I have concluded that the appeal should be dismissed and development consent refused. The site and its context 3 The site is located on the southern corner of the intersection of Lindesay Street and Dumaresq Street. It consists of four blocks of land each with a single storey detached timber dwelling. The site is rectangular in shape and has an area of 2,764.52sqm, with a north eastern frontage to Dumaresq Street of 57.22m and a north western frontage to Lindesay Street of 48.16m. It has a slope of about two metres from south to north with no significant vegetation. 4 Adjoining development to the south east is a single storey house and to the south west is a three storey residential flat building. 5 The area is a mixture of residential development including single storey detached houses, town houses and residential flat buildings. The existing character is discussed further under the issues. The proposal and its history 6 The application was lodged on 15 July 2003 and was notified to adjoining and nearby residents. Council received three objections to the proposal. Council refused the application on 27 April 2004. 7 The application was amended and renotified. One further submission was received. The amended application is the subject of this appeal. This proposes 29 dwellings and basement parking for 44 cars (29 resident and 15 visitor). The development has a maximum height of three storeys and a floor space ratio (FSR) of 0.91:1 based on the applicant's calculations and 1.02:1 based on council's calculations. The applicant indicated during the hearing further amendments to the proposal to change the setback on Lindsay Street, increase the width of balconies and delete Unit 31. Council did not oppose these changes but they did not resolve the issues between the parties. Planning Framework 8 The site is zoned 2(b) – Residential B under Campbelltown (Urban Area) Local Environmental Plan 2002 (LEP 2002). Residential uses are permissible if they are not expressly prohibited. Residential flat buildings are prohibited within this zone. A residential flat building is defined as: