DSK Kitchens and Furniture Pty Limited v City of Botany Bay Council

Land and Environment Court New South Wales Medium Neutral Citation: DSK Kitchens & Furniture Pty Limited v City of Botany Bay Council [2015] NSWLEC 1509 Hearing dates:30 November 2015Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction:Class 1Before: Tuor C Decision: Appeal No. 10410 of 20151. The appeal is upheld;2. Modification Application No. 1997/160/02 to modify Development Consent No. 1997/160 for the erection of an industrial building, associated landscaping and car parking and its use for the manufacture of domestic kitchen furniture, wardrobes and bathroom vanities at 1515 Botany Road, Botany, is determined by approving the modifications set out in Annexure A;3. As a consequence of order (2), Development Consent No. 1997/160 is now subject to the consolidated, modified conditions of development consent set out in Annexure B; and4. The exhibits are returned. Appeal No. 10422 of 20151. The appeal is upheld;2. Pursuant to section 149F(3) of the Environmental Planning and Assessment Act 1979 the Respondent is to issue a building certificate for the dust extraction and collection system installed by the Applicant at 1515 Botany Road, Botany. The building certificate is subject to the conditions that:i. the dust extraction and collection system enclosure and associated screening, in modification application 1997/160/02, approved by the Court with conditions in Appeal No. 10410 of 2015, is constructed within three months of the date of the orders in Appeal No. 10410 of 2015, andii. the dust extraction and collection system operates in accordance with the conditions of consent in 1997/160/02;...