Galluzzo v Campbelltown City Council

Land and Environment Court New South Wales Medium Neutral Citation: Galluzzo v Campbelltown City Council [2015] NSWLEC 1215 Hearing dates:9-10 June 2015Date of orders: 17 June 2015 Decision date: 17 June 2015 Jurisdiction:Class 1Before: 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 judgmentParties: John Galluzzo (Applicant) Campbelltown City Council (Respondent) Representation: Mr P Rigg (Applicant) Ms K Gerathy HWL Ebsworth Lawyers File Number(s):10799 of 2014Judgment 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. The council refused consent and Galluzzo is appealing that decision. The site and its context 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...