Bettar v Council of the City of Sydney [2012] NSWLEC 1342

Land and Environment Court New South Wales

Medium Neutral Citation: Bettar v Council of the City of Sydney [2012] NSWLEC 1342 Hearing dates: 13 December 2012 Decision date: 14 December 2012 Jurisdiction: Class 1 Before: Hussey C Decision: 1. The appeal is allowed. 2. Development consent is granted to Development Application No D/2012/892 for the demolition of existing buildings and construction of a mixed use development at 791-795 Botany Road Rosebery subject to the conditions in Annexure A. 3. The exhibits may be returned except A, 2, 3, 4, 5. Catchwords: Development application: Mixed use development, building height, FSR, access, amenity impacts. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 State Environmental Planning Policy No 55 Draft Sydney Local Environmental Plan 2011 South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan 1997 Draft Sydney Development Control Plan 2010 South Sydney Development Control Plan 2010 City of Sydney Contaminated Land Development Control Plan 2004 South Sydney Development Control Plan No 11 - Transport Guidelines for Development 1996 Category: Principal judgment Parties: Mr Paul Bettar (Applicant)

City of Sydney Council (Respondent) Representation: Mr V Conomos (Applicant) Of Conomos Legal