On 30 July 2015, the Land and Environment Court of NSW handed
down the decision in Botany Development Pty Ltd v Council of the
City of Botany Bay (No 3). Any development application lodged with
a council prior to 17 July 2015 will be caught by the
transitional provisions of the amendment to SEPP 65, and will be
assessed in accordance with these decisions, and the relevant
planning controls.
In approving the 154 unit residential development, the decision
marks the end of any remaining speculation about the apartment
sizes to be applied in conjunction with the State Environmental
Planning Policy 65 – Design Quality of Residential Flat
Buildings, and how consent authorities will assess development that
will still be subject to the, now repealed, Residential Flat Design
Code, due to the transitional provision in the amended SEPP 65. It
concludes an ongoing dispute between the applicant and Council
which commenced in Court on 20 May 2013.
