Carbone v Camden Council

Land and Environment Court New South Wales Medium Neutral Citation: Carbone v Camden Council [2015] NSWLEC 1161 Hearing dates:19 & 20 March, 2015Decision date: 19 May 2015 Jurisdiction:Class 1Before: Smithson AC Decision: 1. The appeal is upheld.2. Development Application DA 487/2014 for subdivision of 4 residential lots and associated site works at 25 Elizabeth Macarthur Avenue, Camden South be approved subject to the conditions at Annexure A.3. That the exhibits be returned other than Exhibits 1 and 5 and the Supplementary Index to Exhibit B. Catchwords: DEVELOPMENT APPLICATION – Subdivision in established residential area, building envelopes, lot dimensions, setbacks, character of area, tree removal, private open space, visual and acoustic privacy, use of section 88B instrument Category:Principal judgmentParties: Mario Carbone (Applicant) Camden Council (Respondent) Representation: Counsel: Mr T Hale (Applicant) Mr C Drury (Respondent) Solicitors: Barclays Law Group (Applicant) Sparke Helmore (Respondent) File Number(s):10922 of 2014JudgmentIntroduction This is an appeal against refusal by Camden Council of Development Application 487/2014 (DA) for a subdivision to create 4 residential lots and associated site works at 25 Elizabeth Macarthur Avenue, Camden South (“the site"). The proposed subdivision would create 4 Torrens title lots ranging in size from 600m² to 924m², with nominated building envelopes on three of the lots (proposed Lots 50, 51 and 52) and retention of an existing house on the fourth lot (Lot 53), relocation of an existing driveway, and associated works. Up to 2 trees would be required to be removed to facilitate the subdivision and potentially a further...