Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23:

1. COMMISSIONER: This appeal concerns a development application for the demolition of existing structures and the construction of a five (5) storey shop top housing development containing two (2) commercial units, thirteen (13) apartments and basement parking at 1025 Botany Road, Mascot (Lots 2 and 3 in Section 2 DP 4089). The applicant lodged an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of the subject development application on 15 August 2024. In exercising the functions of the consent authority on appeal, the Court has the power to determine the development a...