Kyselov v Campbelltown City Council [2014] NSWLEC 1013

Land and Environment Court New South Wales

Medium Neutral Citation: Kyselov v Campbelltown City Council [2014] NSWLEC 1013 Hearing dates: 22-23 January 2013 Decision date: 29 January 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development application: dual occupancy, whether consistent with planning controls, bulk and scale Legislation Cited: Environmental Planning and Assessment Act, 1979 Land and Environment Court Act 1979; Campbelltown (Urban Area) Local Environmental Plan 2002; Cases Cited: Trebincevic v Campbelltown City Council [2007] NSWLEC 557 Texts Cited: Campbelltown (Sustainable City) Development Control Plan 2009; Australian Standard 2890.1 - Off Street Parking Facilities Category: Principal judgment Parties: Yeugen Kyselov (Applicant)

Campbelltown City Council (Respondent) Representation: Solicitors Mr P Duffy Duffy Law Group Instructed by Peters Lawyers (Applicant)

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 10812 of 2013

Judgment 1Mr Kyselov lodged Development Application 2159/2012 with Campbelltown City Council seeking consent to construct a detached dual occupancy development and subdivide the land into two allotments. The council refused consent and Mr Kyselov is appealing that decision. 2The matter commenced as a conciliation conference under the provisions of s34AA of the Land and Environment Court Act 1979 however, no agreement between the parties was reached so the conference was terminated and a hearing held forthwith as required by s34AA(2)(b)(i). The parties agreed that the evidence provided during the conciliation phase could be evidence in the proceedings with agreement reached in relation to changes to windows to address privacy concerns and the amendment of the landscape plan.