Farburn Holdings v Botanyn Bay City Council

[2006] NSWLEC 689

Land and Environment Court

of New South Wales

CITATION:	Farburn Holdings v Botanyn Bay City Council [2006] NSWLEC 689
PARTIES:	Applicant: Farburn Holdings Pty Ltd Respondent: Botany Bay City Council
FILE NUMBER(S):	10531 of 2006
CORAM:	Roseth SC
KEY ISSUES:	Development Application - Subdivision :-
DATES OF HEARING:	02/11/2006
EX TEMPORE JUDGMENT DATE:	11/02/2006
LEGAL REPRESENTATIVES:	Applicant: Mr W Carney, barrister instructed by Mr H Husseini of H K Husseini & Co solicitors Respondent: Mr T O'Connor, solicitor of Houston Dearn O'Connor

JUDGMENT:

- 2 -

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Roseth SC

2 November 2006

10531 of 2006 Farburn Holdings Pty Ltd 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 subdivide under Strata title two factories at 36-38 Sir Joseph Banks Drive, Botany.

2 The council had three objections to the original application:

· The subdivision was a straight line;

· There were only six parking spaces for each factory;

· Vehicles could not exit in a forward direction.

3 The applicant amended its proposal to meet each of these objections. As a result the council agreed to the seeking of consent orders from the Court. There were no objectors to the application. The Court agrees to the request.

Consent orders

1. The appeal is upheld.

2. Development application 06/073 lodged with the Botany Bay City Council for Strata subdivision at 36-38 Sir Joseph Banks Drive, Botany is determined by the grant of consent subject to the conditions in Annexure A.

3. The exhibits are retained on the Court’s files.

_______________
Dr John Roseth
Senior Commissioner