1356 Botany Road Pty Ltd v Council of the City of Botany Bay

Land and Environment Court New South Wales Medium Neutral Citation: 1356 Botany Road Pty Ltd v Council of the City of Botany Bay [2015] NSWLEC 1325 Hearing dates:28 April 2015, 9 July 2015Date of orders: 11 August 2015 Decision date: 11 August 2015 Jurisdiction:Class 1Before: Brown ASC Decision: 1. The appeal is upheld.2. Development Application 14/108 for the demolition of all improvements and the construction of a mixed use development comprising 2 and 4 storey apartments, a ground floor supermarket and two basement levels of car parking at 1356-1362 Botany Road, Botany is approved subject to the conditions in Annexure A.3.The exhibits are returned with the exception of exhibits 3 and A. Catchwords: DEVELOPMENT APPLICATION: demolition of all improvements and the construction of a mixed use development – Legislation Cited: Botany Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 Category:Principal judgmentParties: 1356 Botany Road Pty Ltd (Applicant) Council of the City of Botany Bay (Respondent) Representation: Mr M Staunton, barrister (Applicant) Ms S Duggan SC (Respondent)   Gadens Lawyers (Applicant) Houston Dearn O’Connor (Respondent) File Number(s):10558 of 2014Publication restriction:NoJudgment COMMISSIONER: This appeal relates the refusal of Development Application 14/108 for the demolition of all improvements and the construction of a mixed use development comprising 2 and 4 storey apartments, a ground floor supermarket and two basement levels of car parking at 1356-1362 Botany Road, Botany (the site). The council maintains that application should be refused because the proposed development will: have a...