Tier Architects Pty Ltd v Burwood Council [2022] NSWLEC 1036

Land and Environment Court New South Wales

Medium Neutral Citation: Tier Architects Pty Ltd v Burwood Council [2022] NSWLEC 1036 Hearing dates: 9 December 2021 Date of orders: 6 January 2022 Decision date: 06 January 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is granted leave to amend the application to rely on amended architectural plans. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application No. 2021.1 for demolition of an existing dwelling, consolidation of 5 lots into one, alterations and additions to two existing dwellings and construction of a part 3 and 4 storey boarding house containing 75 boarding rooms accommodating 149 boarders and one manager, over two levels of basement parking, at 2, 2A and 4 Cooper Street, Strathfield, is approved, subject to the conditions of consent at Annexure A. (5) The exhibits, other than Exhibits 1, A, B, C, D and E, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house – local heritage item – impact on the heritage significance of the heritage item – impact on the heritage significance of the conservation area on the opposite side of the street Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 Pt 2, Div 3 State Environmental Planning Policy (Housing) 2021 Burwood Local Environmental Plan 2012 cll 4.3, 4.4, 6.6 Cases Cited: Barrak v City of Parramatta Council [2018] NSWLEC 67 Grigorakis v Bayside Council [2016] NSWLEC 1573 Texts Cited: Burwood Development Control Plan Category: Principal judgment Parties: Tier Architects Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: C Leggat SC (Applicant) R O'Gorman-Hughes (Respondent)