Mars City Pty Ltd v Burwood Council [2020] NSWLEC 1585

Land and Environment Court New South Wales

Medium Neutral Citation: Mars City Pty Ltd v Burwood Council [2020] NSWLEC 1585 Hearing dates: 14-16 September 2020 Date of orders: 26 November 2020 Decision date: 26 November 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans at Exhibit H subject to the Applicant paying the Respondent's costs thrown away as agreed or assessed, pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA/2019/68 seeking consent for construction of a 19-storey boarding house with three levels of above ground car parking, retention of the existing commercial building, and stratum subdivision at 4 Railway Parade, Burwood, subject to conditions in Annexure 'A'. (4) All exhibits are returned, except for Exhibit D. Catchwords: DEVELOPMENT APPLICATION – State Environmental Planning Policy (Affordable Rental Housing) 2009 – boarding house development – character of the local area – owners consent Legislation Cited: Burwood Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Botany Bay City Council v Remath Investments No 6 Pty Ltd (2000) 50 NSWLR 312; [2000] NSWCA 364 Rose Bay Afloat Pty Ltd v Woollahra Council (2002) 126 LGERA 36; [2002] NSWLEC 208 Rothwell Boys Pty Ltd v Coffs Harbour City Council (2012) 186 LGERA 366; [2012] NSWLEC 19 Wharf 11 Pty Ltd v Sydney City Council [1991] NSWLEC 21 Texts Cited: Apartment Design Guide Burwood Development Control Plan 2013 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Residential Flat Design Code Category: Principal judgment Parties: Mars City Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) R White (Respondent)