Court appeal lost: back to square one for high rise towers in historic precinct

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The Land and Environment Court has refused to support ambitious plans for twin 20 storey towers at the rear of one of Campbelltown’s historic buildings.

In rejecting the appeal by the developer of the plan, the court ruled that the designs for the $25 million towers at the rear of 263 Queen Street did not adequately deal with the impact on the heritage listed CBC Bank building located next to the town’s old post office.

“I do not consider the application has adequately considered the impacts or effect of the proposed development on the heritage item on the site, or of that on the adjacent site, which I regard as likely to be adverse, and for this reason I conclude the application warrants refusal,’’ Commissioner Horton said as part of the ruling refusing the appeal.

 It means that the application goes back to square one, and will need new designs – ones that are more sympathetic to the heritage building and precinct.

Almost two years ago the Sydney Western City Planning Panel refuseda development application from Michael Brown Planning Strategies for the restoration and additions to the heritage building, demolition of an existing commercial building at the rear of the site and construction of a 21 storey building incorporating two levels of commercial tenancies, 101 residential apartments over 19 levels, and four levels of basement car parking.

Court says “no”: a model of the original application.

The applicant appealed the Panel’s decision in the Land and Environment Court and submitted revised plans to the court indicating a reduction in number of storeys from 21 to 16, reduction in the number of apartments from 101 to 72, and reduction in the number of basement levels from four to three.

 A conciliation conference was held in February last year, however it was terminated without agreement being reached.

 The applicant again submitted revised plans to the court in June 2019, indicating a reduction in number of storeys to 12 and reduction in the number of apartments to 65. 

 A hearingwas held during late in October last year, when the applicant was allowed by the court to amend the plans numerous times, although none of these amendments reduced the height of the proposed building.

Expert witnesses representing the applicant and Campbelltown Council gave evidence to the court in the fields of heritage, town planning, urban design and traffic engineering.

 The court handed down its decision on January 29, 2020, dismissing the appeal.

2 thoughts on “Court appeal lost: back to square one for high rise towers in historic precinct”

  1. Fully agree with the L&E decision but I wonder if the outcome would have been the same if “Affordable Housing” criteria had been incorporated into the design? The latter is often used as a bargaining tool to circumvent the best interests of the community.

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  2. I heard there is a new team on this one for a completely different scheme Eric , this time listening to council and being sympathetic , lets watch this space

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