Botany Development Pty Ltd v Council of the City of Botany Bay (No. 3) [2015] NSWLEC 1282

Land and Environment Court New South Wales

Medium Neutral Citation: Botany Development Pty Ltd v Council of the City of Botany Bay (No. 3) [2015] NSWLEC 1282 Hearing dates: 11 June 2015 Date of orders: 30 July 2015 Decision date: 30 July 2015 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld. 2. Development Application No 2012/233/1 for the demolition of all improvements and the construction of a 3-6 storey residential development, containing 154 units, basement car parking, landscaping and ancillary works at 72-86 Bay Street, Botany is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibit G. Catchwords: DEVELOPMENT APPLICTION: demolition of all improvements and the construction of a 3-6 storey residential development, basement car parking, landscaping and ancillary works - remitted hearing to consider application in accordance with the law Legislation Cited: Botany Bay Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development – Amendment 3 State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development Cases Cited: Botany Bay City Council v Botany Development Pty Ltd (No 2) [2015] NSWLEC 55 Botany Development Pty Ltd v Council of the City of Botany Bay [2014] NSWLEC 1073 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142. Texts Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Botany Development Pty Ltd (Applicant) Council of the City of Botany Bay (Respondent) Representation: Mr I Hemmings SC (Applicant) Mr T Hale SC (Respondent)