Admark Constructions Pty Ltd v Camden Council [2010] NSWLEC 1005

Land and Environment Court of New South Wales

CITATION : Admark Constructions Pty Ltd v Camden Council [2010] NSWLEC 1005

APPLICANT Admark Constructions Pty Ltd PARTIES : RESPONDENT Camden Council

FILE NUMBER(S) : 10575 of 2006 and 10576 of 2006

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Strata subdivision of multi housing units, live/work unit, studio apartment, parking and private open space amenity

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Camden Local Environmental Plan 47

Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 CASES CITED: Carstens v Pittwater Council [1999] NSWLEC 249 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002]] NSWLEC 75

DATES OF HEARING: 14 December 2009

DATE OF JUDGMENT: 12 January 2010

APPLICANT Mr M Mantei (solicitor) SOLICITOR Planning Law Solutions Pty Ltd

LEGAL REPRESENTATIVES:

RESPONDENT Mr S Griffiths (solicitor) SOLICITOR Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

12 January 2010

10575 of 2009 Admark Constructions Pty Ltd v Camden 10576 of 2009 Council

JUDGMENT Background. 1 These proceedings involve 2 separate appeals against council's refusal of development applications in respect of Nos 232 & 234 Mount Annan Drive, Mount Annan. The parties agreed to the appeals being heard concurrently and they involve: Appeal No 10575/2009; An appeal against the refusal of a strata subdivision of a recently created live/work dwelling into 2 lots comprising a 2 – bedroom unit on the upper level a commercial unit on the ground floor. Also, the conversion of part of the landscaped open space area into a car space at 234 Mt Annan Drive. Appeal No 10576/2009; An appeal against the refusal of a strata subdivision of a dwelling and studio into 2 residential lots and the conversion of part of the landscaped open space area into a car space at 232 Mt Annan Drive. 2 Both of these properties have been recently developed as part of the Mt Annan master plan. They are located in relatively close proximity to a small neighbourhood centre and were apparently created to provide for a variety of lifestyles in terms of dwelling types and working opportunities. 3 The issues identified for the appeal are summarised as: Permissibilty of the developments. The proposal is not in accordance the Tallowood Place Masterplan. Multi – unit housing is not permitted on the site. Parking impacts and adequacy of private open space. Public interest. Precedent.