Galluzzo v Campbelltown City Council [2010] NSWLEC 99

Land and Environment Court of New South Wales

CITATION : Galluzzo v Campbelltown City Council [2010] NSWLEC 99

APPLICANT John Galuzzo PARTIES : RESPONDENT Campbelltown City Council

FILE NUMBER(S) : 10099 of 2010

CORAM: Craig J

KEY ISSUES: APPEAL :- s 56A appeal - grounds of appeal addressed questions of fact - commissioner addressed relevant evidence and issues - commissioner based decision on available evidence

Campbelltown (Urban Area) Local Environmental Plan 2002 LEGISLATION CITED: Environmental Planning And Assessment Act 1979 Land And Environment Court Act 1979

CASES CITED: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Brimbella Pty Ltd v Mosman Municipal Council (1985) 79 LGERA 367

DATES OF HEARING: 15 June 2010

EX TEMPORE JUDGMENT DATE : 15 June 2010

APPLICANT W J Carney, barrister SOLICITOR Allied Lawyers & Immigration Services t/a ALIS Lawyers LEGAL REPRESENTATIVES: RESPONDENT A M Pickles, barrister SOLICITOR Marsden Law Group

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

CRAIG J

15 June 2010

10/10099 JOHN GALLUZZO v CAMPBELLTOWN CITY COUNCIL

EX TEMPORE JUDGMENT

1 HIS HONOUR: John Galluzzo (the applicant) made application to Campbelltown City Council (the Council) to carry out further development on land located at the intersection of Campbelltown Road and Blomfield Road in Denham Court. The application proposed redevelopment of the existing child-care centre operated on that site by the construction of a new single story building accommodating a total of 131 children, 15 staff members and a car park capable of accommodating 42 motor vehicles. The existing child-care centre accommodated 74 children, 10 staff and 23 motor vehicles. 2 The applicant's development application was refused by the Council and he subsequently appealed to this Court pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the EPA Act). His application to the Court, by way of appeal, was dismissed by a commissioner of the Court on 18 December 2009. 3 The applicant now appeals pursuant to s 56A of the Land And Environment Court Act 1979 from the commissioner's decision. His appeal was filed out of time but leave was granted for an extension of time in which to commence the appeal and leave was also granted to amend his summons by adding two additional grounds of appeal.