A R Design v Campbelltown City Council [2006] NSWLEC 93

Land and Environment Court of New South Wales

CITATION : A R Design v Campbelltown City Council [2006] NSWLEC 93

APPLICANT A R Design PARTIES : RESPONDENT Campbelltown City Council

FILE NUMBER(S) : 10688 of 2005

CORAM: Moore C

Development Application :- Heritage KEY ISSUES: Floor space ratio Waste disposal .

LEGISLATION CITED: Campbelltown Sustainable City Development Control Plan .

Project Venture Developments v Pittwater Council (2005) NSWLEC 191; CASES CITED: Super Studio v Waverley (2004) NSWLEC 91; .

DATES OF HEARING: 19 October 2005 and 20 and 27 February 2006

EX TEMPORE JUDGMENT DATE : 02/27/2006

APPLICANT Ms M-L Taylor, solicitor Norman Waterhouse Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

27 February 2006

05/10688 AR DESIGN V Capbelltown City Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against the refusal, on 28 June 2005, by Campbelltown City Council (the council) of Development Application 872/2004.