Isak Investments Pty Ltd v City of Botany Bay Council [2015] NSWLEC 1397

Land and Environment Court New South Wales

Medium Neutral Citation: Isak Investments Pty Ltd v City of Botany Bay Council [2015] NSWLEC 1397 Hearing dates: 5,6 August 2015 Date of orders: 06 August 2015 Decision date: 06 August 2015 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is dismissed. 2. Development Application No 12/230 for the construction of a 12 storey hotel building containing 233 rooms and ancillary facilities, retail and commercial space and 4 levels of basement car parking at 210 O'Riordan Street and 135-137 Baxter Road, Mascot is refused. 3. The exhibits are returned with the exception of exhibits 1 and B. Catchwords: DEVELOPMENT APPLICATION: construction of a hotel with ancillary facilities, four levels of basement car parking and associated landscaping works – whether SEPP 1 objection to FSR well founded - whether additional street setbacks required Legislation Cited: Botany Bay Local Environmental Plan 1995 Botany Bay Development Control Plan 2013 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 Cases Cited: Wehbe v Pittwater Council [2007] 156 LGERA 446 Category: Principal judgment Parties: Isak Investments Pty Ltd (Applicant) City of Botany Bay Council (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Ms H Irish, barrister (Respondent)

Solicitors: Bartier Perry (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 11057 of 2014 Publication restriction: No