Marana Developments Pty Limited v Botany City Council [2011] NSWLEC 1110

Land and Environment Court New South Wales

Medium Neutral Citation: Marana Developments Pty Limited v Botany City Council [2011] NSWLEC 1110 Hearing dates: 18-20 April 2011 Decision date: 18 May 2011 Jurisdiction: Class 1 Before: Morris C. Decision: 1. The appeal is upheld; 2. Development consent 09/102 issued by Botany Bay City Council on 25 May 2009 which authorised the demolition of the existing dwelling on Lot 1 and residential flat building on Lot 2, resubdivision of Lots 1 and 1, creation of a Right of Way over Lot 1 for vehicular access, the construction of a new 76 unit residential flat complex and basement carparking and a Stage 1 and Stage 2 Construction Certificate is modified as follows: (a)The approved development is: demolition of the existing dwelling on Lot 1 and residential flat building on Lot 2, resubdivision of Lots 1 and 1, creation of a Right of Way over Lot 1 for vehicular access, the construction of a new 102 unit residential flat complex and basement carparking and a Stage 1 and Stage 2 Construction Certificate; (b)Conditions of the consent as modified are contained in Annexure "A"; 3. The exhibits, other than Exhibits D, H and 2 are returned. Catchwords: Modification; whether substantially the same development; residential flat building. Legislation Cited: Environmental Planning and Assessment Act 1979; Environmental Planning & Assessment Regulation 2000; Botany Bay Local Environmental Plan 1995; State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development; State Environmental Planning Policy No. 1; SEPP (Building Sustainability Index: BASIX) 2004 Cases Cited: Marana Developments v Botany Bay City Council [2010] NSWLEC 1237; Moto Projects (No. 2) Pty Limited v North Sydney Council [1999] NSWLEC 280; (1999) 106 LGERA 298; North Sydney Council v Michael Standley & Associates Pty Ltd [1998] 97 LGERA 433; Vacik Pty Ltd v Penrith City Council NSWLEC, 24 February 1992 unreported; Zhang v Canterbury City Council [2001] 115 LGERA 373 Texts Cited: Residential Flat Design Code; City of Botany Bay Development Control Plan No. 35 - Multi Unit Housing and Residential Flat Buildings; City of Botany Bay Development Control Plan - Building Design and Construction; Off- Street Parking Development Control Plan - Botany Council; Development Control Plan No. 32 - Landscape; Energy Efficiency Development Control Plan Category: Principal judgment Parties: Applicant Marana Developments Pty Ltd