Lechner v Campbelltown City Council [2009] NSWLEC 1033

Land and Environment Court of New South Wales

CITATION : Lechner v Campbelltown City Council [2009] NSWLEC 1033

APPLICANT Alfred Lechner PARTIES : RESPONDENT Campbelltown City Council

FILE NUMBER(S) : 10901 of 2008

CORAM: Bly C

KEY ISSUES: DEVELOPMENT APPLICATION :- Rural-Residential subdivision, Development standard, zone objectives, precedent

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Campbelltown (Urban Area) Local Environmental Plan 2002 Campbelltown Development Control Plan No.49 Rural Environmental Subdivision Dwelling Policy State Environmental Planning Policy No. 1

Winton Property Group Ltd v North Sydney Council [2001] NSWLEC 24 CASES CITED: Wehbe v Pittwater Council [2007] NSWLEC 827 Goldin v Minister for Transport 121 LGRA 101

DATES OF HEARING: 09/02/2009

DATE OF JUDGMENT: 10 February 2009

EX TEMPORE JUDGMENT DATE : 10 February 2009

APPLICANT Mr C. Gough, solicitor of Storey and Gough Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

10 February 2009

10901 of 2008 Alfred Lechner v Campbelltown City Council

JUDGMENT Introduction 1 Situated at 246 Campbelltown Road Denham Court is an allotment of land having an area of 1.568 ha that is developed with a single detached dwelling house. The applicant in these proceedings now proposes to subdivide this allotment into two lots -Lots 1 and 2- having respective areas of 7250 square metres and 8330 square metres. Lot 1 is to retain the existing dwelling house. The resulting hatchet shaped lot 2 that has a 10.83 wide accessway off Campbelltown Road has, on the plan of subdivision an area indicated as being suitable for a dwelling house.