DSK Kitchens & Furniture Pty Limited v City of Botany Bay Council [2015] NSWLEC 1509

Land and Environment Court New South Wales

Medium Neutral Citation: DSK Kitchens & Furniture Pty Limited v City of Botany Bay Council [2015] NSWLEC 1509 Hearing dates: 30 November 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction: Class 1 Before: Tuor C Decision: Appeal No. 10410 of 2015 1. The appeal is upheld; 2. Modification Application No. 1997/160/02 to modify Development Consent No. 1997/160 for the erection of an industrial building, associated landscaping and car parking and its use for the manufacture of domestic kitchen furniture, wardrobes and bathroom vanities at 1515 Botany Road, Botany, is determined by approving the modifications set out in Annexure A; 3. As a consequence of order (2), Development Consent No. 1997/160 is now subject to the consolidated, modified conditions of development consent set out in Annexure B; and 4. The exhibits are returned.

Appeal No. 10422 of 2015 1. The appeal is upheld; 2. Pursuant to section 149F(3) of the Environmental Planning and Assessment Act 1979 the Respondent is to issue a building certificate for the dust extraction and collection system installed by the Applicant at 1515 Botany Road, Botany. The building certificate is subject to the conditions that: i. the dust extraction and collection system enclosure and associated screening, in modification application 1997/160/02, approved by the Court with conditions in Appeal No. 10410 of 2015, is constructed within three months of the date of the orders in Appeal No. 10410 of 2015, and ii. the dust extraction and collection system operates in accordance with the conditions of consent in 1997/160/02; and 3. The exhibits are returned. Catchwords: DEVELOPMENT CONSENT: modify development consent to permit dust extraction and collection system. Noise impacts. (Appeal 10410 of 2015). BUILDING CERTIFICATE: dust extraction and collection system. Noise impacts. (Appeal 10422 of 2015) Legislation Cited: Environmental Planning and Assessment Act 1979 Botany Bay Local Environmental Plan 2013 Category: Principal judgment Parties: DSK Kitchens & Furniture Pty Limited (Applicant)