Gabeti Pty Ltd v Bayside Council [2019] NSWLEC 1471

Land and Environment Court New South Wales

Medium Neutral Citation: Gabeti Pty Ltd v Bayside Council [2019] NSWLEC 1471 Hearing dates: 21 February 2019; 21 May 2019; Written submissions on 21 June 2019; 15 July 2019 Date of orders: 02 October 2019 Decision date: 02 October 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal dismissed. (2) The development application is refused consent. (3) The exhibits are returned apart from Exhibits A, C and 4. Catchwords: DEVELOPMENT APPLICATION – whether the location of the site outside the area identified as a hazard risk from the Botany Industrial Park is suitable for residential intensification – (or where the Council "considers" the site to be located adjacent to Denison Street, a mapped Dangerous Goods Route and deemed to be within the identified area) – whether the site is suitable for multi dwelling development – the public interest Legislation Cited: Botany Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Cases Cited: Aristides v Bayside Council [2017] NSWLEC 1248 BP Properties v Lake Macquarie City Council (2004) 138 LGERA 237 Texts Cited: Botany Bay Development Control Plan 2013 NSW Department of Planning, Industry and Environment, "Hazardous Industry Planning Advisory Paper No 4: Risk Criteria for Land Use Safety Planning" (January 2011) Category: Principal judgment Parties: Gabeti Pty Ltd Bayside Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) M Staunton (Respondent)