Pet Carriers International Pty Ltd v Botany Bay Council [2013] NSWLEC 1077

Land and Environment Court New South Wales

Medium Neutral Citation: Pet Carriers International Pty Ltd v Botany Bay Council [2013] NSWLEC 1077 Hearing dates: 21,22 March 2013, written submissions 10 April 2013 Decision date: 03 May 2013 Jurisdiction: Class 1 Before: Brown C Decision: For Appeal No 11006 of 2012 the orders are: 1. The appeal is upheld. 2. Development Application No 10/078 to use the site for a pet transportation business at Unit 4, 16 Beresford Street, Botany is approved subject to conditions in Annexure A. 3. The exhibits are returned. For Appeal No 10943 of 2012 the orders of the Court are: 1. The appeal is upheld. 2. The order issued under s 121B of the Environmental Planning and Assessment Act 1979 to cease the use at Unit 4, 16 Beresford Street, Botany for a " pet carrier transportation business" is revoked. Catchwords: APPEALS: appeal against an order cease the use of the site for a " pet carrier transportation business" (10943 of 2012) - appeal against the refusal of development application to use the site for a " pet carrier transportation business" (11006 of 2012) - characterisation of use. Legislation Cited: Botany Local Environmental Plan 1995 Botany Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Cases Cited: Alamdo Holdings Pty Ltd v The Hills Shire Council [2012] NSWLEC 1302 Berowra RSL v Hornsby Shire Council (114 LGERA 345 Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Chamwell Pty Limited v Strathfield Council (2007) 151 LGERA 114 Egan & Ors v Hawkesbury City Council & Anor (79 LGERA 321 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Waugh Hotel v Marrickville Council 2009 171 LGERA 112 Category: Principal judgment Parties: Pet Carriers International Pty Ltd (Applicant) Botany Bay Council (Respondent) Representation: Mr J Van Aalst, barrister (Applicant) Mr T O'Connor, solicitor (Respondent) John Hertz and Associates (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 10943 of 2012, 11006 of 2012