Botany Bay City Council v Baladi and Ors. [2003] NSWLEC 444

Botany Bay City Council v Baladi and Ors. [2003] NSWLEC 444

The evidence established that the premises were zoned Industrial Special Airport Related 4C(1) under the Botany Local Environmental Plan 1995 and that use for a printery was prohibited, warranting the Council's declaration. The evidence also established that, at the commencement of that LEP, the premises were being used for textile manufacturing and flexographic printing on textiles, constituting an existing use within s 106 of the Environmental Planning and Assessment Act, so the Cross Applicants were entitled to the declaration sought. Those declarations supported the grant of development consent in the related class 1 proceedings for use as a printing factory under Part 5 of the...

Jurisdiction
Australia
Judgment Date
17 December 2003
Procedural Posture
Class 4 Proceeding for Declaratory and Injunctive Relief, Amended Cross Application for Declaratory Relief, and Related Class 1 Appeal Concerning Development Consent / Ex Tempore Judgment After Concurrent Hearing; Declarations Made and Consent Orders in Related Class 1 Proceedings
Outcome
Declarations granted in the class 4 proceedings; related class 1 appeal upheld by consent and development consent granted subject to conditions; no order as to costs.
Legal Topics
['existing Use Rights' 'change of Existing Use' 'prohibited Use Under Local Environmental Plan' 'development Consent for Printery']
['environmental Planning and Assessment' 'land Use and Zoning'] ['existing Use Rights' 'change of Existing Use' 'prohibited Use Under Local Environmental Plan' 'development Consent for Printery']

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Procedural Posture

Class 4 Proceeding for Declaratory and Injunctive Relief, Amended Cross Application for Declaratory Relief, and Related Class 1 Appeal Concerning Development Consent / Ex Tempore Judgment After Concurrent Hearing; Declarations Made and Consent Orders in Related Class 1 Proceedings

Legal Issues

  1. 1 ['Whether development of 4 Chalmers Crescent Mascot for the purposes of a printery was prohibited by cl 10 of the Botany Local Environmental Plan 1995.' 'Whether the premises enjoyed an existing use entitlement pursuant to Div 10, Pt IV of the Environmental Planning and Assessment Act.' 'Whether the existing use was properly characterised as textile manufacturing and flexographic printing on textiles.' 'Whether the declarations provided a foundation for development consent for use of the premises as a printing factory under Part 5 of the Environmental Planning and Assessment Regulation 2000, including cl 45.']

Ratio Decidendi

The evidence established that the premises were zoned Industrial Special Airport Related 4C(1) under the Botany Local Environmental Plan 1995 and that use for a printery was prohibited, warranting the Council's declaration. The evidence also established that, at the commencement of that LEP, the premises were being used for textile manufacturing and flexographic printing on textiles, constituting an existing use within s 106 of the Environmental Planning and Assessment Act, so the Cross Applicants were entitled to the declaration sought. Those declarations supported the grant of development consent in the related class 1 proceedings for use as a printing factory under Part 5 of the...

Court Disposition

Declarations granted in the class 4 proceedings; related class 1 appeal upheld by consent and development consent granted subject to conditions; no order as to costs.

Orders

  • ["The declaration claimed in paragraph 1 of the Council's originating process was made." 'The declaration claimed in paragraph 1 of the amended cross application as further amended in Court was made.' 'By consent, there was no order as to costs in the class 4 proceedings.' 'The exhibits other than exhibits 1 and B...