NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Botany Bay Apartments Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1143 Hearing dates: 16 March 2016 Date of orders: 20 April 2016 Decision date: 20 April 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: calculation of site area and floor space ratio; bulk, scale, height, building separation, impact on adjoining properties Legislation Cited: Sydney Local Environmental Plan 2012; Environmental Planning and Assessment Act 1979; State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development; State Environmental Planning Policy No 55 – Remediation of Land; State Environmental Planning Policy (Infrastructure) 2007; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Sydney Development Control Plan 2012; Residential Flat Design Code Category: Principal judgment Parties: Botany Bay Apartments Pty Ltd (Applicant)
Council of the City of Sydney (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Mr A Pickles SC (Respondent)
Solicitors: Mr M Ayache OneGroup Legal Pty Limited (Applicant)
Ms M Flick Council of the City of Sydney (Respondent) File Number(s): 10745 of 2015
Judgment 1. Botany Bay Apartments Pty Limited (Botany Bay) own property known as 71 - 91 Euston Road Alexandria and sought, through the lodgement of development application D/2014/1992, consent for the construction of a four storey, mixed use building accommodating 49 residential apartments and one commercial premises at ground floor level and the excavation for and construction of a two level basement. Sydney City Council refused consent on 29 June 2015 and Botany Bay is appealing that decision. 2. The main contentions in the case relate to the calculation of floor space ratio and site area, the resultant bulk and scale of the development, building height and separation, residential amenity, active street frontages and the impact on adjoining development.
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