Bettar v The Council of the City of Sydney [2019] NSWLEC 1225

Land and Environment Court New South Wales

Medium Neutral Citation: Bettar v The Council of the City of Sydney [2019] NSWLEC 1225 Hearing dates: 15 & 20 May 2019 Date of orders: 22 May 2019 Decision date: 22 May 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders:

(1) The applicant is granted leave to amend the development application by relying on the amended documentation referred to in condition 1 of the conditions of consent at Annexure A. (2) The applicant's written request under clause 4.6 of the Sydney Local Environmental Plan 2012 (SLEP) seeking a variation of the development standard in clause 4.4 of the SLEP is approved. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. D/2018/879 for significant alterations and additions to an existing storage building located at 600 Botany Road, Alexandria including the continued use of the existing building as a storage premises comprising retention of the existing outer walls and ground level slab and construction of four new levels within the existing building footprint including ancillary ground floor office showroom, car parking and loading dock subject to the conditions in Annexure A. (5) The exhibits are returned except for Exhibits A and 5. Catchwords: APPEAL – significant alterations and additions to storage facility development – contravention of development standard for FSR – adequacy of cl 4.6 written request Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environment Plan 2012 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Paul Bettar (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: S Duggan SC (Applicant) I Hemmings SC (Respondent)