Beatty v Campbelltown City Council [2004] NSWLEC 628

Land and Environment Court of New South Wales

CITATION : Beatty v Campbelltown City Council [2004] NSWLEC 628 APPLICANT Anthony Beatty PARTIES : RESPONDENT Campbelltown City Council FILE NUMBER(S) : 10123 of 2004 CORAM: Hoffman C KEY ISSUES: Development Application :- Should the Draft Control Plan take precedence over the current control plan - site area - boundary setbacks - density - bulk and scale - internal amenity - privacy of neighbours - view preservation for neighbours - proposed trees would create leaf drop problem for neighbours pool - lack of information on plans for final levels of excavation and courtyards. Campbelltown (Urban Area) Local Environmental Plan 2002 LEGISLATION CITED: Draft Campbelltown (Sustainable City) Development Control Plan Campbelltown Development Control Plan No. 79 CASES CITED: DATES OF HEARING: 08/06/2004 EX TEMPORE 06/08/2004 JUDGMENT DATE :

APPLICANT Mr A Seton, solicitor SOLICITORS Marsdens

LEGAL REPRESENTATIVES: RESPONDENT Mr J Reilly, solicitor SOLICITORS Abbott Tout

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

8 June 2004

10123 of 2004 Anthony Beatty v Campbelltown City Council

JUDGMENT

1 This was a class one appeal No. 10123 of 2004 between Anthony Beatty and Campbelltown City Council in regard to the refusal of an application for six townhouses on Nos. 2 and 4 Lachlan Place, Campbelltown. 2 The original development application was for seven townhouses some 16 months ago. The applicant had worked with council and the objectors to: + remove one unit and + to reduce units 2 and 3 to two bedrooms from three bedrooms + thus they were separated by single storey attached garages instead of having a full second storey and third bedroom over the garages. + also units 2 and 3 were lowered in height. 3 The final scheme before the Court was in the Exhibit A drawings. 4 The issues were: 1. The proposed development is an over-development of the site. Particulars :