12-14 Hereford Street Pty Ltd v Council of the City of Botany Bay [2016] NSWLEC 1166

Land and Environment Court New South Wales

Medium Neutral Citation: 12-14 Hereford Street Pty Ltd v Council of the City of Botany Bay [2016] NSWLEC 1166 Hearing dates: 19-20 April 2016 Date of orders: 05 May 2016 Decision date: 05 May 2016 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application (272/2014) for the construction of six dwellings, landscaping and subdivision at 12-14 Herford Street, Botany, is refused. 3. The exhibits, except Exhibit 4, are returned. Catchwords: DEVELOPMENT APPLICATION: breach of floor space ratio control, subdivision, streetscape character. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act Botany Bay Local Environmental Plan 2013 Cases Cited: Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001 Category: Principal judgment Parties: 12-14 Hereford Street Pty Ltd (Applicant)

Council of the City of Botany Bay (Respondent) Representation: Counsel: Mr M Staunton, (Applicant)

Solicitors: Mr M Sonter Lawyers (Applicant)

Mr J Cole, HWL Ebsworth Lawyers (Respondent) File Number(s): 10840 of 2015

JUDGMENT 1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the Council of the City of Botany Bay (council) of a development application (272/2014) for the construction of six dwellings, landscaping and subdivision at 12-14 Herford Street, Botany (the site). 2. The main issues that remain in dispute are whether the proposed subdivision and development are compatible with the existing and desired future character of the area and whether the breach of the floor space ratio (FSR) standard is acceptable.