Sindesi Properties Pty Ltd v Campbelltown City Council [2007] NSWLEC 436

Sindesi Properties Pty Ltd v Campbelltown City Council [2007] NSWLEC 436

The proposed development, although numerically compliant with certain guidelines, is inappropriate for the site due to topographical constraints, perceived excessive bulk and height, unacceptable urban and streetscape impact, poor waste management and car parking arrangement, representing overdevelopment inconsistent with the character of the area. The site is not suitable for the proposed development under s 79C(1)(c), and the application's amendments do not cure its fundamental deficiencies.

Parties
Applicant: Sindesi Properties Pty Ltd; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
22 May 2007
Procedural Posture
Appeal Under S 97 of Environmental Planning and Assessment Act / Final Judgment, Ex Tempore
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Application, Multi Unit Development, Bulk and Scale, Streetscape, Height, Waste Disposal, Torrens Title Subdivision, Car Parking, Private Open Space, Solar Access
Planning and Environment Development Application Multi Unit Development Bulk and Scale Streetscape Height Waste Disposal Torrens Title Subdivision +3 more

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Parties

Sindesi Properties Pty Ltd

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Appeal Under S 97 of Environmental Planning and Assessment Act / Final Judgment, Ex Tempore

Legal Issues

  1. 1 Whether the proposed development is appropriate given the bulk, scale, streetscape, height, waste disposal arrangements, subdivision, car parking, open space, and solar access requirements
  2. 2 Compliance with Campbelltown Urban Area Local Environmental Plan 2002 and Sustainable City Development Control Plan
  3. 3 Suitability of the site for the proposed development under s 79C(1)(c) of the Environmental Planning and Assessment Act

Ratio Decidendi

The proposed development, although numerically compliant with certain guidelines, is inappropriate for the site due to topographical constraints, perceived excessive bulk and height, unacceptable urban and streetscape impact, poor waste management and car parking arrangement, representing overdevelopment inconsistent with the character of the area. The site is not suitable for the proposed development under s 79C(1)(c), and the application's amendments do not cure its fundamental deficiencies.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal in respect of 41 Carnarvon Street Bowbowing is dismissed
  • The development application submitted to Campbelltown City Council and as amended for a five dwelling multi unit development with strata subdivision is determined by the refusal of consent