Event and Time
Event Description
On February 14, 2022, a Development Application (DA No. 559/2022/DA-C) was lodged with Campbelltown City Council seeking consent for the demolition of existing structures and the construction of a two-storey child care center for 88 children with associated facilities at 1 & 3 Tallowwood Crescent, Bradbury. The Council did not determine the application within the prescribed time frame, leading the applicant to appeal the deemed refusal.
Application and Claims
The applicant proposed to demolish existing dwellings, consolidate two lots, and construct a child care facility featuring a basement carpark, play areas, and landscaped grounds. The application addressed earlier concerns regarding the proposed design, access, stormwater management, and impact on local amenities. The appeal aimed to secure consent despite Council's prior contentions.
Judicial Decisions
The appeal was upheld, and the DA was approved with specific conditions. The ruling confirmed the agreement between the parties that the amendments made to the initial proposal satisfactorily addressed concerns previously raised. The applicant was ordered to cover the respondent’s costs.
Dispute Points and Legal Basis
Dispute Points
- Non-compliant outdoor play area: The initial proposal did not meet the requirement for unencumbered outdoor play areas.
- Inadequate stormwater drainage: Concerns arose regarding the ability to manage stormwater effectively.
- Unsafe access: The original access from Tallowwood Crescent was deemed unsafe; concerns over traffic impacts were raised.
- Impact on street trees: The development was suspected of negatively impacting existing street trees.
- Insufficient information on essential services and contamination: The Council argued that the application lacked evidence demonstrating the site was suitable for the proposed development and not contaminated.
The applicant addressed all contentions through amended plans and presented a Response Package during conciliation conferences. The Council ultimately accepted the adjustments.