Greg Dickinson Homes Pty Limited v Camden Council

Land and Environment Court New South Wales Medium Neutral Citation: Greg Dickinson Homes Pty Limited v Camden Council [2015] NSWLEC 1221 Hearing dates:18 June 2015Date of orders: 23 June 2015 Decision date: 23 June 2015 Jurisdiction:Class 1Before: Dixon C Decision: 1. The appeal is upheld.2. Development consent is granted for the demolition of the existing dwelling, and the construction of five single-storey seniors’ living dwellings, strata subdivision and associated site works at 27 Elizabeth Macarthur Avenue Camden South in accordance with the amended development application DA 240/2014 and subject to the conditions marked annexure ‘A” to this judgment.3. The exhibits are returned except for 2, A and D. Catchwords: Appeal - Development application - Seniors living development - character of the area - Setbacks Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Camden Local Environmental Plan 2010 Camden Development Control Plan 2011 Category:Principal judgmentParties: Greg Dickinson Homes Pty Limited (Applicant) Camden Council (Respondent) Representation: Counsel: Mr P. Duffy, solicitor (Applicant) Mr C. Drury, solicitor (Respondent) Solicitors: Duffy Law Group (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s):10939 of 2014JudgmentIntroduction This Class one appeal concerns a development application (DA 240/2014) for the demolition of an existing dwelling and the construction of five single storey seniors living dwellings, strata subdivision and associated site works at 27 Elizabeth Macarthur Avenue, Camden South (the site). The site is zoned R2 -Low Density Residential under the provisions...