Standard Knitting Mills (Holdings) Pty Ltd v Bayside Council [2021] NSWLEC 1436

Land and Environment Court New South Wales

Medium Neutral Citation: Standard Knitting Mills (Holdings) Pty Ltd v Bayside Council [2021] NSWLEC 1436 Hearing dates: 28-29 June 2021 Date of orders: 2 August 2021 Decision date: 02 August 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 2020/50 for the demolition of existing concrete areas and construction of new hardstand, and use of the site as a warehouse and distribution centre, at 40 Sir Joseph Banks Street, Botany, is refused. (3) The exhibits, other than Exhibits 6, B and C, are returned. Catchwords: DEVELOPMENT APPLICATION – characterisation of purpose of development – prohibited development Legislation Cited: Botany Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 ss 8.7, 8.15 Land and Environment Court Act 1979 s 34 Cases Cited: AMT Planning Consultants Pty Ltd t/as Coastplan Consulting v Central Coast Council (2018) 238 LGERA 116; [2018] NSWCA 289 Botany Bay City Council v Pet Carriers International Pty Ltd (2013) 201 LGERA 116; [2013] NSWLEC 147 Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114 Shire of Perth v O'Keefe (1964) 110 CLR 529 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Botany Bay Development Control Plan 2013 Category: Principal judgment Parties: Standard Knitting Mills (Holdings) Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)