Elias v Burwood Council [2022] NSWLEC 1288

Land and Environment Court New South Wales

Medium Neutral Citation: Elias v Burwood Council [2022] NSWLEC 1288 Hearing dates: Conciliation conference on 2-3 May 2022 Date of orders: 7 June 2022 Decision date: 07 June 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Modification Application No MOD.10.2020.84.02 (as amended), for alterations and additions to the approved plans, including alterations of stairwells in both dwellings, reconfiguration of building façade and apertures and revision of floorplan layout in both dwellings is approved and Development Consent DA 84/2020, granted by the Respondent on 26 February 2021, is modified as set out in Annexure "A" to this judgment. (3) Development Consent DA 84/2020, as modified by the Court, is subject to the consolidated conditions of development consent set out in Annexure "B" to this judgment. Catchwords: MODIFICATION APPLICATION – Attached Dual Occupancy – amended plans – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Land and Environment Court Act 1979, ss 34, 34AA Burwood Local Environmental Plan 2012, cll 2.7, 4.3, 4.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Bradley Elias (Applicant) Burwood Council (Respondent) Representation: Counsel: T Poisel (Barrister)(Applicant) A Seton (Solicitor)(Respondent)