DMD Property Pty Ltd v Botany Bay City Council

Land and Environment Court New South Wales Medium Neutral Citation: DMD Property Pty Ltd v Botany Bay City Council [2016] NSWLEC 1144 Hearing dates:17 and 18 February 2016Date of orders: 20 April 2016 Decision date: 20 April 2016 Jurisdiction:Class 1Before: Smithson AC Decision: 1. The appeal is upheld.2. The section 96 modification application 14/62/03 to development application (DA 14/062) for the addition of a top storey residential unit to a mixed used building at 1144-1146 Botany Road, Botany is approved, subject to the conditions in Annexure A.3. The exhibits, except Exhibits A, B, 4 and 5, are returned. Catchwords: MODIFICATION APPLICATION – top storey unit, mixed use development, height, heritage impacts, streetscape character, heritage conservation area, precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings Botany Local Environmental Plan 2013 Category:Principal judgmentParties: DMD Property Pty Ltd trading as Icon Constructions Group (Applicant) Botany Bay City Council (Respondent) Representation: Counsel: Ms S Duggan (Applicant) Solicitors: Mr V Conomos of Conomos Legal (Applicant) Mr T O’Connor of Houston Dearn O’Connor (Respondent) File Number(s):10910 of 2015Judgment ACTING COMMISSIONER: This is an appeal under s 97AA of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of a modification application (No.14/62/03) under Section 96 (2) of development application 14/062 by Botany Bay Council (the Council) to construct a residential unit at the fifth level of a...