Andrews v Botany Bay City Council [2007] NSWLEC 716

Land and Environment Court of New South Wales

CITATION : Andrews v Botany Bay City Council [2007] NSWLEC 716

APPLICANT George Andrews PARTIES : RESPONDENT Botany Bay City Council

FILE NUMBER(S) : 10622 of 2007

CORAM: Bly C

KEY ISSUES: Appeal :- Modification application, conditions of consent, undergrounding of service cables by developer.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Botany Local Environmental Plan 1995 Mascot Station Precinct Development Control Plan

DATES OF HEARING: 20 September 2007 and 11 October 2007

DATE OF JUDGMENT: 31 October 2007

APPLICANT Mr P. Rigg, solicitor of Deacons LEGAL REPRESENTATIVES:

RESPONDENT Mr T. Hale, barrister Instructed by Houston Dearn O'Connor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

31 October 2007

10622 of 2007 George Andrews v Botany Bay City Council

JUDGMENT Introduction 1 On 14 April 2004 Development Consent No 2003/598 was issued by the Botany Bay City Council ("the council" and "the consent") for the demolition of existing industrial buildings and the construction of a mixed residential and commercial development on land bounded by Coward Street, O'Riordan Street and John Street, Mascot (Lot 123 DP 1103399) ("the site"). The proposed building contains one commercial/retail space and 95 dwellings over seven storeys plus three basements that provide parking for 192 vehicles ("the development"). The development has now been substantially completed in accordance with the consent.