OandE Developments Pty Ltd v Burwood Council [2022] NSWLEC 1108

Land and Environment Court New South Wales

Medium Neutral Citation: OandE Developments Pty Ltd v Burwood Council [2022] NSWLEC 1108 Hearing dates: 22-23 February 2022 Date of orders: 03 March 2022 Decision date: 03 March 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: 1) The appeal is dismissed. 2) Modification Application No. 2018/48/03 to modify the approved development at 319-321 Liverpool Road, Strathfield, is refused. 3) The exhibits, other than Exhibits 1, A and G, are returned. Catchwords: MODIFICATION APPLICATION – whether the proposal is substantially the same as the development for which consent was originally granted – amenity impact on the adjoining low density residential zone - Legislation Cited: Burwood Local Environmental Plan 2012, cll 4.3, 4.4, 4.4A Environmental Planning and Assessment Act 1979, ss 4.56, 8.9 Environmental Planning and Assessment Regulation 2000, cl 121B State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 4, 28 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38 Ghazi Al Ali Architect Pty Ltd v Burwood Council [2019] NSWLEC 1488 Moto Projects (No 2) Pty Ltd V North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Woollahra Municipal Council v SJD DB2 Pty Ltd [2020] NSWLEC 115 Texts Cited: Burwood Development Control Plan 2012 Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: OandE Developments Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: M Staunton (Applicant) T To (Respondent)