Ho-Chung v Bayside Council [2017] NSWLEC 1056

Land and Environment Court New South Wales

Medium Neutral Citation: Ho-Chung v Bayside Council [2017] NSWLEC 1056 Hearing dates: 24 & 25 January 2017 Date of orders: 14 February 2017 Decision date: 14 February 2017 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: secondary dwelling, flooding, whether adequate information available to assess impacts Legislation Cited: Botany Local Environmental Plan 2013; State Environmental Planning Policy (Affordable Rental Housing) 2009; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; State Environmental Planning Policy (Infrastructure) 2007; State Environmental Planning Policy No. 55 – Remediation of Land; Land and Environment Court Act 1979; Environmental Planning and Assessment Act 1979 Texts Cited: Botany Development Control Plan 2013 Category: Principal judgment Parties: Steven Ho-Chung (Applicant)

Bayside Council (Respondent) Representation: Counsel: Ms L Saw (Applicant)

Solicitors: Mr T White Henry Davis York (Respondent) File Number(s): 306948/2016

Judgment 1. Mr Ho-Chung lodged Development Application 15/146 with the then Botany City Council on 26 August 2015 seeking consent for the use of an unauthorised single storey building located at the rear of the property at 1200 Botany Road, Botany as a secondary dwelling. The council refused consent on 28 August 2017 and Mr Ho-Chung is appealing that decision.

The site and its context 1. No. 1200 Botany Road, Botany is located on the western side of the road between Hale and Kingston Streets and has a frontage of 12.19m, rear boundary of 12.315m and side boundaries of 56.5m (north) and 58.29m resulting in a site are of 699.8m2. The site has a fall of around 1.6m from the front to rear and is surrounded by residential dwelling houses on the frontage with industrial development adjoining it rear and to the southern portion of the rear section of the site. Development opposite and in the vicinity of the site to its north and south is primarily detached residential developments with industrial land used for industrial and logistics purposes to the west. It is in close (around 600m) proximity to the Sydney Airport runway and is affected by airport noise. 2. The site contains a single storey dwelling house with attached carport at the front with the subject building at the rear. 3. A 3.65m wide drainage easement runs at an oblique angle across the frontage of the site.