Hansimikali v Bayside Council [2019] NSWLEC 1353

Land and Environment Court New South Wales

Medium Neutral Citation: Hansimikali v Bayside Council [2019] NSWLEC 1353 Hearing dates: 23-24 July 2019 Date of orders: 01 August 2019 Decision date: 01 August 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. 2017/1161 for the demolition of existing structures and the construction of a four and five storey mixed use development at 1027-1043 Botany Road, Mascot, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 5, A, B and F, are returned. Catchwords: DEVELOPMENT APPLICATION – mixed-use development – exceedance of the height of buildings development standard – whether the proposal is consistent with the desired future character of the locality – amenity of the adjoining low density residential dwellings Legislation Cited: Botany Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 45 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Apartment Design Guide Botany Bay Development Control Plan 2013 Category: Principal judgment Parties: Manuel Hansimikali (Applicant) Bayside Council (Respondent) Representation: Counsel: M Staunton (Applicant)