Baladi v Botany Bay City Council

[2007] NSWLEC 18

Land and Environment Court

of New South Wales

CITATION:	Baladi v Botany Bay City Council [2007] NSWLEC 18
PARTIES:	Applicant: George Baladi Respondent: Botany Bay City Council
FILE NUMBER(S):	10203 of 2006
CORAM:	Roseth SC
KEY ISSUES:	Development Application :- consent orders
DATES OF HEARING:	15/01/2007
EX TEMPORE JUDGMENT DATE:	15 January 2007
LEGAL REPRESENTATIVES:	Applicant: Ms S Levy, solicitor of KQ Lawyers Respondent: Mr T O'Connor, solicitor of Houston Dearn O'Connor

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Roseth SC

15 January 2007

10203 of 2006 George Baladi v Botany Bay City Council

JUDGMENT

1 Senior Commissioner: This is an appeal against the refusal by Botany Bay City Council (the council) of a development application to demolish the existing buildings and construct a new factory on lot B DP 414617 and lot 3 DP 29697, known as 4 Chalmers Crescent, Mascot.

2 The applicant lodged the original application in September 2004. The council refused it in September 2005. The applicant prepared several amendments and requested the council, on two occasions, to re-consider the matter under s82A of the Environmental Planning and Assessment Act 1979. On the second occasion, in November 2006, the council resolved to seek consent orders from the Court. There are no objectors to the latest set of plans. Following perusal of the plans and conditions, the Court agrees to the request for consent orders.

Orders

1. The appeal is allowed by consent.

2. Development application to demolish the existing buildings and construct a new factory on lot B DP 414617 and lot 3 DP 29697, known as 4 Chalmers Crescent, Mascot is determined by the grant of consent subject to the conditions in Annexure A.

3. Exhibits 1 and A are retained on the Court’s files.

_________________
Dr John Roseth
Senior Commissioner