Botany Development Pty Ltd v Council of the City of Botany Bay [2014] NSWLEC 1073

Land and Environment Court New South Wales

Medium Neutral Citation: Botany Development Pty Ltd v Council of the City of Botany Bay [2014] NSWLEC 1073 Hearing dates: 5, 6, 9 December 2013 Decision date: 31 January 2014 Jurisdiction: Class 1 Before: Brown C Decision: Directions for amendments to plans Catchwords: DEVELOPMENT APPLICATION: demolition of all improvements and the construction of a multi level residential flat building, containing 158 units, basement car parking and landscaping and ancillary works - non compliance floor space ratio development standard - whether acceptable transition to lower density residential development - inadequate off street parking - poor solar access and natural ventilation - inadequate unit size Legislation Cited: Botany Bay Local Environmental Plan 1995 Botany Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 State Environmental Planning Policy No 65 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Wehbe v Pittwater Council [2007] 156 LGERA 446 Category: Principal judgment Parties: Botany Development Pty Ltd (Applicant) Council of the City of Botany Bay (Respondent) Representation: Mr I Hemmings SC (Applicant) Mr J Robson SC (Respondent) TressCox Lawyers (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 10360 of 2013