Satmell Holdings Pty Ltd v Holroyd City Council [2005] NSWLEC 267

Land and Environment Court of New South Wales

CITATION : Satmell Holdings Pty Ltd v Holroyd City Council [2005] NSWLEC 267

APPLICANT Satmell Holdings Pty Ltd

PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 11135 of 2004

CORAM: Hussey C

Development Application :- Industrial warehouse - BCA fire access - traffic - amenity impacts KEY ISSUES:

Environmental Planning and Assessment Act Holroyd Local Environmental Plan 1991 LEGISLATION CITED: Development Control Plan No. 1 Development Control Plan No. 3 Georges River Original Environmental Plan

DATES OF HEARING: 08/03/2005, 20/05/2005 and 25/05/2005

DATE OF JUDGMENT: 05/25/2005

APPLICANT Mr J Bingham, solicitor SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr J Reilly, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

25 May 2005

11135 of 2004 Satmell Holdings Pty Ltd v Holroyd City Council

JUDGMENT Background 1 This appeal arises from council's refusal of a development application for the erection of an industrial warehouse and associated office at 219 - 225 Woodpark Road, Smithfield. It was refused for a number of reasons, from which the following issues were identified for the appeal. The issues were subsequently amended and are summarised as follows: * Fire safety, in terms of compliance with the BCA requirements for building of the proposed bulk and size; * Traffic/access, including manoeuvring area for large articulated vehicles; * Amenity impacts, including those raised by the neighbours 2 With regard to the traffic/access issue, the parties agreed to Mr C Hallam being appointed as the Court-appointed expert and he prepared a detailed report, resulting in the parties accepting his recommendations for conditional consent, which resolved this issue.