Turner Architects v City of Botany Bay Council

Land and Environment Court New South Wales Medium Neutral Citation: Turner Architects v City of Botany Bay Council [2016] NSWLEC 1186 Hearing dates:10-12 February and 10 May, 2016Date of orders: 24 May 2016 Decision date: 24 May 2016 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is upheld.2. Development Application No. 13/171 for the demolition of the existing industrial building and construction of a three to five storey residential flat building with a basement level at 10-12 Morgan Street, Botany, is approved, subject to the conditions of consent at Annexure A.3. The exhibits, other than exhibits 1, A, B, M and N, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a residential flat building; whether the proposal is compatible with the streetscape and surrounding development; design excellence; parking; precedent. Cases Cited: Terrace Tower Holding Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 De Angelis v Wingecarribee Shire Council [2016] NSWLEC 1 Category:Principal judgmentParties: Turner Architects (Applicant) City of Botany Bay Council (Respondent) Representation: Counsel: Mr A. Pickles SC (Applicant) Ms H. Irish barrister (Respondent)   Solicitors: Bartier Perry (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s):11100 of 2014Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. 13/171 for the demolition of the existing industrial building and construction of a three to five storey residential flat building with a basement level (the proposal) at 10-12 Morgan Street, Botany (the...