Dalelaw Pty Ltd v Burwood Council [2020] NSWLEC 1330

Land and Environment Court New South Wales

Medium Neutral Citation: Dalelaw Pty Ltd v Burwood Council [2020] NSWLEC 1330 Hearing dates: Conciliation conference on 20 July 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to rely upon the amended plans and documentation referred to in Condition 1 to the conditions at Annexure A. (2) The appeal is upheld. (3) Development Application DA-2018/117 for the re-subdivision of the existing four lot into two lots and the construction of a boarding house on each lot, each comprising 24 rooms and a basement carpark at 11A Ethel Street, Burwood is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – boarding house development – amended plans – agreement between the parties – orders Legislation Cited: Burwood Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55— Remediation of Land Category: Principal judgment Parties: Dalelaw Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) K Law (Solicitor) (Respondent)