Elbaf & Anor v Campbelltown City Council [2014] NSWLEC 1074

Land and Environment Court New South Wales

Medium Neutral Citation: Elbaf & Anor v Campbelltown City Council [2014] NSWLEC 1074 Hearing dates: 14 - 15 April 2014 Decision date: 29 April 2014 Jurisdiction: Class 1 Before: Morris C Decision: In matter No 10969 of 2013 (a)The appeal is dismissed. (b)The application for a Building Certificate for those works at Lot 1 DP 1039153 Zouch Road, Ingleburn included in the application to Campbelltown City Council reference 957/2013/BC-UW dated 6 May 2013 is refused. In matter No 10970 of 2013 (a)The appeal is dismissed. (b)Development Application 879/2013 for the construction of a two storey dwelling at Lot 1 DP 1039153 Zouch Road, Ingleburn is determined by the refusal of development consent. Catchwords: Development application for completion of partially completed building; whether a dwelling; siting of structure in relation to setback requirements; Building Certificate Legislation Cited: Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979; Local Government Act 1993; State Environmental Planning Policy (Major Development) 2005 Edmondson Park South; Campbelltown (Urban Area) Local Environmental Plan 2002; Environmental Planning and Assessment Regulation 2000; Civil Procedure Act 2005 Cases Cited: Dobrohotoff v Bennic [2013] NSWLEC 61; Luke and Warnock v Lane Cove Council [2011] NSWLEC 1094 Texts Cited: Campbelltown (Sustainable City) Development Control Plan 2013; Development Control Plan 49 - Rural Environmental Protection Subdivision and Dwelling Policy Category: Principal judgment Parties: Abdulhalim Elbaf Amne Elbaf (Applicants)