Road Surgeons Pty Limited v City of Botany Bay Council [2011] NSWLEC 1252

Land and Environment Court New South Wales

Medium Neutral Citation: Road Surgeons Pty Limited v City of Botany Bay Council [2011] NSWLEC 1252 Hearing dates: 25 July 2011 Decision date: 18 August 2011 Jurisdiction: Class 1 Before: Hussey C Decision: Catchwords: DEVELOPMENT APPLICATION - Industrial development, amenity, traffic and parking impacts, suitability of the site for the scale of development, landscaping Legislation Cited: Botany Local Environmental Plan 1995 Botany Development Control Plan Cases Cited: Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Category: Procedural and other rulings Parties: Road Surgeons Pty Limited (Applicant)

City of Botany Bay (Respondent) Representation: Solicitors Ms J Reid (Applicant)

Mr T O'Connor (Respondent) File Number(s): 10179 of 2011 10180 of 2011

Judgment

Background 1These proceedings relate to the use of an industrial property located at 43 Pemberton Street, Botany and involve the following two appeals: * Appeal No 10179/11; an appeal against council's refusal to issue a Building Certificate covering unauthorised works at the premises, and * Appeal No 10180/11; an appeal against the refusal of a development application seeking the change in use of the premises as a tradespersons supply and services store, depot for business vehicles and equipment with associated business identification. 2The parties agreed to the appeals being heard concurrently. Insofar as a number of contentions were raised initially, conferencing by the parties reduced them, with some capable of conditioning, leaving the following contentions: * The suitability of the site for the proposed usage in terms of the amenity of the area and desired future character, * Adequacy of parking and access arrangements * Landscaping,