Premier Customs Services v Botany Bay City Council [2008] NSWLEC 1185

Set aside by Appeal : [2009] NSWCA 226

Land and Environment Court of New South Wales

CITATION : Premier Customs Services v Botany Bay City Council [2008] NSWLEC 1185

APPLICANT Premier Customs Services PARTIES : RESPONDENT Botany Bay City Council

FILE NUMBER(S) : 10847 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- Air freight forwarder, parking, loading and unloading and manoeuvering, residential amenity, landscaping and setbacks.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 15 and 16/04/2008

DATE OF JUDGMENT: 23 May 2008

APPLICANT Miss H. Irish, barrister Instructed by Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Mr T. O'Connor, solicitor of Houston, Dearn O'Connor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

23 May 2008

10847 of 2007 Premier Customs Services v Botany Bay City Council

JUDGMENT Introduction 1 This appeal relates to a development application for a two-storey industrial style building in botany, not far from Sydney Airport. The development is described as proposed offices and warehouse including on-site parking to be used for a boutique style air freight forwarder involving the import and export of small-scale cargo.

2 The ground floor of the building will mainly comprise a loading dock and storage area and the first floor is to be used for associated office purposes. Three car parking spaces two of which are to be utilised by the delivery vehicles are provided in front of the loading bay with two of these spaces positioned within the building's undercroft. In front of these spaces is a turntable, to enable cars and delivery vehicles to enter and leave the site in a forward direction. Landscape areas of varying widths are provided adjacent to the turntable close to the site's frontage and along much of the eastern boundary. Because the building is positioned on the western boundary of the site, other than the landscaping adjacent to the turntable there is no landscaping along this boundary. 3 The vacant, rectangular shaped site at 21 Bay Street, Botany has an area of 214 square metres and a frontage of 9.29 m to Bay Street. The surrounding area consists of a mixture of older style residential dwellings and industrial/warehouse uses. Adjoining the site to the east is a single storey cottage that is positioned essentially on the common boundary. To the south is a one and two-storey office and warehouse building. To the west is a single storey cottage of heritage significance (on a 16 m wide site) that is positioned more than 10 m to the west of the common boundary.