NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: O.T.A.R Investments Pty Ltd v Burwood Council [2021] NSWLEC 1290 Hearing dates: 27 April 2021 Date of orders: 26 May 2021 Decision date: 26 May 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: 1. The Applicant is granted leave to rely upon amended plans at Exhibit A. 2. The appeal is dismissed. 3. Development consent for Development Application 2019/121 for alterations and additions to boarding house development at 24 Burleigh Street, Burwood is refused. 4. The Exhibits are returned, except for Exhibits B, F and G. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to boarding house development – whether the proposed development will have an acceptable impact on the heritage significance of the heritage item Legislation Cited: Environmental Planning and Assessment Act 1979, cll 5.10, 8.7, 8.15 Burwood Local Environmental Plan 2012, cl 5.10 Cases Cited: O.T.A.R Investments Pty Ltd v Burwood Council [2018] NSWLEC 1272 Texts Cited: Burwood Development Control Plan 2013 Category: Principal judgment Parties: O.T.A.R Investments Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Wright SC (Respondent)
Solicitors: Conomos Legal (Applicant) Matthews Folbigg Pty Ltd (Respondent) File Number(s): 2020/189737 Publication restriction: No
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