Land and Environment Court of New South Wales CITATION : Farburn Holdings v Botanyn Bay City Council [2006] NSWLEC 689 Applicant: Farburn Holdings Pty Ltd PARTIES : Respondent: Botany Bay City Council FILE NUMBER(S) : 10531 of 2006 CORAM: Roseth SC KEY ISSUES: Development Application - Subdivision :- DATES OF HEARING: 02/11/2006 EX TEMPORE JUDGMENT DATE : 11/02/2006 Applicant: LEGAL REPRESENTATIVES: Mr W Carney, barrister instructed by Mr H Husseini of H K Husseini & Co solicitors Respondent: Mr T O'Connor, solicitor of Houston Dearn O'Connor JUDGMENT: - 2 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Roseth SC 2 November 2006 10531 of 2006 Farburn Holdings Pty Ltd v Botany Bay City Council JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Botany Bay City Council (the council) of a development application to subdivide under Strata title two factories at 36-38 Sir Joseph Banks Drive, Botany. 2 The council had three objections to the original application: · The subdivision was a straight line; · There were only six parking spaces for each factory; · Vehicles could not exit in a forward direction. 3 The applicant amended its proposal to meet each of these objections. As a result the council agreed to the seeking of consent orders from the Court. There were no objectors to the application. The Court agrees to the request. Consent orders 1. The appeal is upheld. 2. Development application 06/073 lodged with the Botany Bay City Council for Strata subdivision at 36-38 Sir Joseph Banks Drive, Botany is determined by the grant of consent subject to the conditions in Annexure A. 3. The exhibits are retained on the Court's files. _______________ Dr John Roseth Senior Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.