Gemini Accident Repair Centres Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1148

Land and Environment Court New South Wales

Medium Neutral Citation: Gemini Accident Repair Centres Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1148 Hearing dates: 22 July 2014 Decision date: 25 July 2014 Jurisdiction: Class 1 Before: Pearson C Decision: Appeal upheld Catchwords: Consent orders - Development application - Vehicle body repair workshop - Light industry - Light Industrial zone - Health and amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Gemini Accident Repair Centre Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Mr A Whealy, Gadens (Applicant) Mr A Singh, City of Sydney (Respondent) File Number(s): 10152 of 2014

Judgment 1This is an appeal by Gemini Accident Repair Centres Pty Ltd (Gemini) under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to development application D/2013/1443 for the fit out and use as a vehicle body repair workshop of premises at Unit B1, 6-10 Durdans Street Rosebery (the site). 2The site is on the western side of Durdans Avenue within an industrial complex known as the "Rosebery Industrial estate". The estate has a number of separate tenancies, including premises used for warehousing and distribution facilities. One tenancy has frontage on Gardeners Road and the remaining tenancies are accessed from Durdans Avenue via two separate driveways. Units B1 and A1 share one of those driveways. 3Adjoining the site to the west, and separated by a masonry wall, is Gardeners Road Public School. To the east on the other side of Durdans Avenue is low density residential housing. 4The proposed development was described in the Statement of Environmental Effects as specialising in "fast turn-around 'driveable' jobs which are vehicles with minor damage". Fit out works have been undertaken at the subject premises, including the installation of two spray booths and exhaust systems at the eastern end of the building, five working bays, a mixing room, and office and reception areas. 5The appeal was the subject of a conciliation conference under s34 of the Land and Environment Court Act 1979 (the Court Act). The parties did not reach agreement under s 34(3) of the Court Act, and the conciliation conference was terminated. The parties are in agreement that it is appropriate that development consent be granted subject to conditions, and seek orders by consent. The parties consented to determination by me, and to the evidence from the conciliation conference, including the site view and evidence provided by objectors, forming part of the evidence in the proceedings.