Hovy v Campbelltown City Council [2006] NSWLEC 646

Land and Environment Court of New South Wales

CITATION : Hovy v Campbelltown City Council [2006] NSWLEC 646

APPLICANT Alex Hovy PARTIES : RESPONDENT Campbelltown City Council

FILE NUMBER(S) : 10314 and 10315 of 2006

CORAM: Hoffman C

KEY ISSUES: Subdivision :- Erection of bulky goods warehouse, adverse impacts, traffic flows, vehicular access, parking, storage

Local Environmental Plan 2002 - Campbelltown Urban Area LEGISLATION CITED: Development Control Plan 52 - Off Street Car Parking Policy Campbelltown Industrial Development Policy 5.2.13

DATES OF HEARING: 27-28/09/2006

EX TEMPORE JUDGMENT DATE : 09/28/2006

APPLICANT Mr R Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

28 September 2006

10314 and 10315 of 2006 Alex Hovy v Campbelltown City Council

JUDGMENT 1 This is two class one appeals, Nos. 10314 of 2006 and 10315 of 2006, between Alex Hovy and Campbelltown City Council in regard to the deemed refusal of subdivision and erection of two bulky goods outlets at Nos. 33-35 Blaxland Road, Campbelltown.

2 Appeal No. 10314 is for the subdivision into two lots of the rectangular site of 4,447 sq m. Proposed Lot 100, the northern lot, would become 2,156 sq m with a 26.8 m frontage and an 80.4 m depth. Lot 101, the southern lot, would become 1,890 sq m with frontage of 23.49 m and depth of 80.4 m.