Galluzzo v Campbelltown City Council [2015] NSWLEC 1215

Land and Environment Court New South Wales

Medium Neutral Citation: Galluzzo v Campbelltown City Council [2015] NSWLEC 1215 Hearing dates: 9-10 June 2015 Date of orders: 17 June 2015 Decision date: 17 June 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: Construction of new buildings to extend an existing child care centre; whether consistent with the character of the locality. Legislation Cited: Campbelltown (Urban Area) Local Environmental Plan 2002 Cases Cited: Galluzzo v Campbelltown City Council [2005] NSWLEC 522; Galluzzo v Campbelltown City Council [2009] NSWLEC 1425 Texts Cited: Campbelltown (Sustainable City) Development Control Plan 2012 Category: Principal judgment Parties: John Galluzzo (Applicant) Campbelltown City Council (Respondent) Representation: Mr P Rigg (Applicant) Ms K Gerathy HWL Ebsworth Lawyers File Number(s): 10799 of 2014

Judgment 1. Mr Galluzzo authorised lodgement of Development Application 1416/2014/DA-C with Campbelltown City Council on 11 June 2014 seeking consent to construct a new building to provide for the expansion of an existing child care centre. 2. The council refused consent and Galluzzo is appealing that decision.

The site and its context 1. The site is and L-shaped allotment described as Lot 101 DP 602622, No 1 Blomfield Road located on the corner of Blomfield and Campbelltown Roads Denham Court and has frontages of 48.6m and 137.92 to each road respectively with site area of approximately 10,000sqm. The site contains a residential dwelling with associated outbuildings towards the rear (east) of the site. Its vehicle access is from Campbelltown Road. Child care centre buildings around a play area are located mid-block with its carpark adjacent to and accessed from the Blomfield Road frontage. 2. Part of the site, being the frontage to Campbelltown Road is subject to a road-widening reservation with this area currently unused and containing vegetation. Neither the council nor the applicant was able to advise the Court of the extent of the use of that area for on-site septic disposal. The site is not sewered and it is apparent that this area or the area immediately adjacent to the existing childcare centre buildings/play area is used for that purpose. 3. Campbelltown Road forms the boundary between Liverpool and Campbelltown local government areas (LGA). 4. The site is in a low density rural residential area characterised by detached dwellings on relatively large, open rural allotments with significant setbacks. Opposite the site, within the Liverpool LGA, are a range of commercial developments including a service station, caravan park and retail shop/landscape supplies business. Further to the east of the site along Campbelltown Road the area is being developed for urban housing as part of the Edmondson Park Release Area with Zouch Road (approximately 400m to the north east) forming its western boundary. The area between Zouch Road and the site and that land to the east and south of the site are rural residential properties. 5. Blomfield Road is a cul-de-sac that services around 13 rural residential properties.