Chan v Bayside Council [2020] NSWLEC 1684

Land and Environment Court New South Wales

Medium Neutral Citation: Chan v Bayside Council [2020] NSWLEC 1684 Hearing dates: 2-3 December 2020 Date of orders: 24 December 2020 Decision date: 24 December 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application 2017/1152 for the construction of a three-storey building with a depot, office premises and a caretakers unit, and tree removal on Lot B DP 155707, also known as 5 Luland Street, Botany is refused. (3) The exhibits, except for Exhibits 1, 3, 6, A and B are returned. Catchwords: DEVELOPMENT APPLICATION – depot - office and caretaker unit – permissibility of ancillary uses Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Standard Instrument – Principal Local Environmental Plan State Environmental Planning Policy (Three Ports) 2013 Cases Cited: Botany Bay City Council v Pet Carriers International Pty Limited (2013) 201 LGERA 116; [2013] NSWLEC 147 Foodbarn Pty Ltd v Solicitor-General (1975) 32 LGRA 157 Shire of Perth v O'Keefe (1964) 110 CLR 529 Wym Pty Ltd v Sutherland Shire Council (1990) 69 LGRA 322 Texts Cited: Botany Development Control Plan 2013 Land and Environment Court of New South Wales, 'COVID-19 Pandemic Arrangements Policy' (March 2020) Merriam-Webster Dictionary (online version) Category: Principal judgment Parties: Kristie Chan (Applicant) Bayside Council (Respondent) Representation: Counsel: M Cottom (Applicant) P Brown (Respondent)