Auchenflower Investments Pty Ltd v Campbelltown City Council [2019] NSWLEC 1652

Land and Environment Court New South Wales

Medium Neutral Citation: Auchenflower Investments Pty Ltd v Campbelltown City Council [2019] NSWLEC 1652 Hearing dates: 28 - 31 October 2019 Date of orders: 29 January 2019 Decision date: 29 January 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and to rely upon the amended plans at Exhibit F, subject to paying the Respondent's costs as assessed or agreed pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is dismissed. (3) Development consent for Development Application DA 493/2016-DA-RA for the restoration of the existing heritage-listed former CBC Bank building, demolition of the existing commercial building at the rear of the site, construction of a 12-storey building at the rear of the site incorporating two levels of commercial tenancies and 65 residential apartments over 12 levels, and two levels of basement car parking at 263 Queen Street, Campbelltown is refused. (4) All Exhibits are returned, except for Exhibits A, F, G, 11, 12, 13, 14 and 17. Catchwords: DEVELOPMENT APPEAL – development adjoining a heritage item – heritage conservation area – exceedance of building height – character – compatibility – Campbelltown City centre Legislation Cited: Architects Act 2003 Campbelltown Local Environmental Plan 2015 Campbelltown (Urban Areas) Local Environmental Plan 2002 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Heritage Act 1977 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality in Residential Apartment Development Cases Cited: Architects Marshall v Lake Macquarie City Council (2005) 141 LGERA 1. Grigorakis v Bayside Council (2016) NSWLEC 1573 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80 Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2018] NSWLEC 191 Valen Properties Pty Ltd ATF Valen Properties Trust v Hurstville City Council [2015] NSWLEC 1045 Veloshin v Randwick Council [2007] NSWLEC 428 Texts Cited: Apartment Design Guide Campbelltown (Sustainable City) Development Control Plan 2014 Campbelltown (Sustainable City) Development Control Plan 2014 NSW Heritage Office, Design in Context: Guidelines for Infill Development in the Historic Environment (2005) Greater Sydney Region Plan 2018 Category: Principal judgment Parties: Auchenflower Investments Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: N Eastman (Applicant) A Hemmings (Respondent)