Botany Bay Apartments Pty Ltd v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Botany Bay Apartments Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1143 Hearing dates:16 March 2016Date of orders: 20 April 2016 Decision date: 20 April 2016 Jurisdiction:Class 1Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: calculation of site area and floor space ratio; bulk, scale, height, building separation, impact on adjoining properties Legislation Cited: Sydney Local Environmental Plan 2012; Environmental Planning and Assessment Act 1979; State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development; State Environmental Planning Policy No 55 – Remediation of Land; State Environmental Planning Policy (Infrastructure) 2007; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Sydney Development Control Plan 2012; Residential Flat Design Code Category:Principal judgmentParties: Botany Bay Apartments Pty Ltd (Applicant)   Council of the City of Sydney (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Mr A Pickles SC (Respondent)   Solicitors: Mr M Ayache OneGroup Legal Pty Limited (Applicant)   Ms M Flick Council of the City of Sydney (Respondent) File Number(s):10745 of 2015Judgment Botany Bay Apartments Pty Limited (Botany Bay) own property known as 71 - 91 Euston Road Alexandria and sought, through the lodgement of development application D/2014/1992, consent for the construction of a four storey, mixed use building accommodating 49 residential apartments and one commercial premises at ground floor level and the excavation for and construction of a two level basement. Sydney City Council refused consent on 29 June 2015 and Botany Bay...