Beatty v Campbelltown City Council [2004] NSWLEC 628

Procedural Posture

Class 1 Appeal Concerning Refusal of a Development Application for Six Townhouses at Nos. 2 and 4 Lachlan Place, Campbelltown / Ex Tempore Judgment

Legal Issues

1. 1 ['Whether the proposed development was an over-development of the site having regard to site area and density controls.' 'Whether the proposed rear and side boundary setbacks were inadequate.' 'Whether the bulk, scale and height of proposed units 2 and 3 were out of character with surrounding residential development.' 'Whether the proposed development provided acceptable amenity for future residents of units 5 and 6.' 'Whether the proposed development would have an unreasonable impact on the streetscape.' 'Whether concerns about privacy, view preservation, landscaping impacts and insufficient details of levels and retaining works justified refusal or could be addressed by conditions.']

Ratio Decidendi

The proposal was permissible with consent, complied comfortably with the current applicable Development Control Plan 79 on floor space ratio, landscaped area, private open space, solar access, overshadowing and car parking, and the draft development control plan was not entitled to significant weight. The remaining concerns about density, setbacks, bulk, amenity, privacy, views, leaf litter and lack of coordinated detail were either minor, resolved by amendments, acceptable under the applicable controls, or capable of being addressed by deferred commencement and other conditions. There was therefore nothing sufficient to justify refusal of the proposal.

Court Disposition

Appeal upheld; deferred development consent granted subject to conditions.

Orders

• ['The appeal is upheld.' 'Deferred Development Consent is granted for 6x2 storey town houses at Nos 2-4 Lachlan Place, Campbelltown, as shown in drawings in Exhibit A of this appeal, all as annotated and as further amended by, and to be built in accordance with the conditions in Annexure A hereto.' 'The exhibits are...