Gemini Accident Repair Centres Pty Ltd v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Gemini Accident Repair Centres Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1148 Hearing dates:22 July 2014Decision date: 25 July 2014 Jurisdiction:Class 1Before: Pearson C Decision: Appeal upheld Catchwords: Consent orders - Development application - Vehicle body repair workshop - Light industry - Light Industrial zone - Health and amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Category:Principal judgmentParties: Gemini Accident Repair Centre Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Mr A Whealy, Gadens (Applicant) Mr A Singh, City of Sydney (Respondent) File Number(s):10152 of 2014 JudgmentThis is an appeal by Gemini Accident Repair Centres Pty Ltd (Gemini) under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to development application D/2013/1443 for the fit out and use as a vehicle body repair workshop of premises at Unit B1, 6-10 Durdans Street Rosebery (the site).The site is on the western side of Durdans Avenue within an industrial complex known as the "Rosebery Industrial estate". The estate has a number of separate tenancies, including premises used for warehousing and distribution facilities. One tenancy has frontage on Gardeners Road and the remaining tenancies are accessed from Durdans Avenue via two separate driveways. Units B1 and A1 share one of those driveways. Adjoining the site to the west, and separated by...