Grigorakis v Bayside Council [2016] NSWLEC 1573

Land and Environment Court New South Wales

Medium Neutral Citation: Grigorakis v Bayside Council [2016] NSWLEC 1573 Hearing dates: 23 November 2016 Date of orders: 01 December 2016 Decision date: 01 December 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application 14/122 for alterations and additions to an approved, but not constructed, 3 storey shop top housing development by adding a fourth storey containing a single bedroom apartment at 907 Botany Road, Mascot is refused. 3. The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an approved 3 storey shop top housing development by adding a fourth storey containing a single bedroom apartment - unacceptable impact on the heritage significance of heritage item – unacceptable bulk and scale Legislation Cited: Botany Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Marinos Grigorakis (Applicant) Bayside Council (Respondent) Representation: Counsel: Mr M Mantei, solicitor (Applicant) Ms J Reid, barrister (Respondent)

Solicitors: Michael Mantei, Planning Law Solutions (Applicant) Alice Spizzo, Landerer & Company (Respondent) File Number(s): 2016/155412 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Application 14/122 for alterations and additions to an approved, but not constructed, 3 storey shop top housing development by adding a fourth storey containing a single bedroom apartment at 907 Botany Road, Mascot (the site). It is located on the corner with Tramway Street. 2. The council maintains that the development application should be refused because the proposal will have: * an unacceptable impact on the heritage significance of the group of buildings that make up Heritage Item I28, and * excessive bulk and scale which will adversely impact on the streetscape.