Skagias & Anor v Campbelltown City Council [2010] NSWLEC 1187

Land and Environment Court of New South Wales

CITATION : Skagias & Anor v Campbelltown City Council [2010] NSWLEC 1187

APPLICANTS Angelo Skagias Nick Skagias PARTIES :

RESPONDENT Campbelltown City Council

FILE NUMBER(S) : 10156 of 2010

CORAM: Pearson C - Morris C

KEY ISSUES: DEVELOPMENT MODIFICATION :- Consent orders

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Campbelltown (Urban Area) Local Environmental Plan 2002 Campbelltown (Sustainable City) Development Control Plan 2009

CASES CITED: Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGRA 298

DATES OF HEARING: 12, 16 July 2010

EX TEMPORE JUDGMENT DATE : 16 July 2010

APPLICANTS Mr P Jackson, solicitor LEGAL REPRESENTATIVES: Pikes Lawyers RESPONDENT Mr P Marincowitz, solicitor Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner Pearson Commissioner Morris

16 July 2010

10156 of 2010 Skagias & Anor v Campbelltown City Council

This determination was given extemporaneously and has been edited prior to publication

JUDGMENT 1 Commissioners: This is an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed refusal by Campbelltown City Council (the Council) of an application made under s96(2) of the Act to modify a development consent granted by the Council on 14 October 2008 for the demolition of an existing dwelling and the construction of a four storey commercial building with thirty car spaces at 34 Carlisle Street, Ingleburn (the site). 2 The issues between the parties have been resolved and they are seeking consent orders from the Court. 3 The site is located on the corner of Carlisle Street and Boots Lane, Ingleburn within the Ingleburn Business Centre. The site is dual zoned 10(b) District Comprehensive Centre and 5(d) Special Uses Local Roads Zone under the Campbelltown (Urban Area) Local Environmental Plan 2002 (the LEP). The section of land zoned 5(d), Special Uses Local Roads, is 5m wide and runs for the full length of the property adjacent to and parallel to Boots Lane. 4 Vehicle access to and from the site is to be from Boots Lane. Boots Lane is approximately 4m wide and operates as a one way street providing access to a small number of commercial premises to private loading zones and private parking areas. Adjoining the site to the north west, north and north east is a large public car park which provides primary car parking for the northern and eastern section of the Ingleburn Business Centre. Boots Lane provides vehicle egress from a portion of the public car park adjoining the site. There is a loading zone along the Carlisle Street frontage of the site that provides on-street loading facilities for the surrounding commercial premises. 5 The conditions imposed on the development consent included the following: Condition 1 which endorsed the plans of the approved development; Condition 10 specifying 30 car parking spaces available to all users of the site; Condition 13 requiring half width road construction of a minimum of 4m wide in Boots Lane adjacent to the site; Condition 20 requiring a contribution for 27 car parking spaces in accordance with the Council's s 94 Contributions Plan for public car parking facilities in the Ingleburn business centre; Condition 37 requiring regrading of the footpath adjoining the site; Condition 46 requiring dedication of the 5m wide land required for road widening in Boots Lane and a 4m by 4m splay corner at the intersection of Boots Lane and Carlisle Street; and Condition 47 requiring dedication of a 4m by 4m splay corner.