QSA Businesses v Campbelltown City Council [2009] NSWLEC 1009

Land and Environment Court of New South Wales

CITATION : QSA Businesses v Campbelltown City Council [2009] NSWLEC 1009

Applicant: QSA Businesses Pty Ltd PARTIES : Respondent: Campbelltown City Council

FILE NUMBER(S) : 10491 of 2008

CORAM: Hoffman C

KEY ISSUES: DEVELOPMENT APPLICATION :- streetscape, setbacks, SEPP No.1, traffic and parking

CASES CITED: Winton Properties v North Sydney Council [2001] NSWLEC 46

DATES OF HEARING: 27 November 2008 and 28 November 2008

DATE OF JUDGMENT: 13 January 2009

Applicant: LEGAL REPRESENTATIVES: Mr G Green, solicitor of Pikes Lawyers Respondent: Mr A Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

13 January 2009

10491 of 2008 QSA Businesses Pty Ltd v Campbelltown City Council

JUDGMENT 1 Commissioner: This is a Class 1 Appeal No.10491 of 2008 between QSA Businesses Pty Ltd and Campbelltown City Council in regard to the refusal of a 5-storey motel on No.1 Rennie Road, Campbelltown. The lot is on the corner of Harbord Road and backs uphill onto Payten Reserve that is a bushland area on top of a hill behind the proposal.

2 The eastern neighbour of the proposal is a Formula 1 Motel also in Rennie Road closer to its cul-de-sac end. Also in the cul-de-sac are Krispy Crème and Kentucky Fried fast-food outlets and a Black Stump restaurant. Diagonally across the intersection is a MacDonald's fast-food outlet.

3 The site is one block along Harbord Road from Campbelltown Rd, the main road leading from the Hume Highway to central Campbelltown. Harbord Road is a local distributor to the industrial estate that the site is located in, and to residential areas over the hill to the north. 4 The proposal consists of the following: + Construction of a 51 unit serviced motel, comprising four levels of accommodation above a conference room and servicing facilities at ground level and gymnasium at first floor level; + 56 car parking spaces at ground level and 15 car parkinq spaces at first floor level including two disabled spaces and bike racks; + Installation of three internally illuminated Business Identification Signs comprising of two facades and one monument sign; + (Business) Hours of operation of 7.00am to 11.OOpm, 7 days; + Employment of 10 -12 staff. The site 5 The site has a total area of approximately 2880 square metres. Immediately to the north and west of the subject site the land rises steeply within Payten and Kanbyugal Reserves both of which are used for passive and active public recreation. Further to the north and west is the residential suburb of Woodbine. Primary vehicular access to the proposed development is via Rennie Road with a secondary exit via Harbord Road. The proposal closes the Harbord exit.