NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Road Surgeons Pty Limited v City of Botany Bay Council (No 2) [2011] NSWLEC 1253 Hearing dates: 25 July 2011 Decision date: 18 August 2011 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal subject of proceedings no. 10180 of 2011 is upheld. (2)The development application number 10/205 submitted to Botany Bay City Council is approved subject to the conditions contained in Annexure A. (3)The appeal subject of proceedings no. 10179 of 2011 is upheld. (4)The Court further directs the Respondent to issue a Building Certificate in accordance with section 149A of the Environmental Planning and Assessment Act 1979 pursuant to the Building Certificate Application made to it by the Applicant on 22 February 2010 within 28 days of receipt of a current Final Fire Safety Certificate. (5)The exhibits may be returned except for A, C, 3, 4, 5, 6. 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: Principal judgment 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
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