X-Sealant Pty Ltd v Burwood Council [2022] NSWLEC 1316

Land and Environment Court New South Wales

Medium Neutral Citation: X-Sealant Pty Ltd v Burwood Council [2022] NSWLEC 1316 Hearing dates: Conciliation conference on 3 and 18 March 2022, 11 and 14 April 2022, 2, 17 and 30 May 2022 Date of orders: 20 June 2022 Decision date: 20 June 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld; (2) Modification Application No. MOD.10.2017.124.4 to modify development consent DA.10.2017.124.1 is approved; (3) Development consent DA.10.2017.124.1 is modified in the terms in Annexure A to this agreement; and (4) As a consequence of order 22(3), development consent DA.10.2017.124.1 is subject to the consolidated modified conditions set out in Annexure B to this agreement. Catchwords: DEVELOPMENT APPEAL – modification – penthouse apartment – communal open space – floor space ratio - conciliation conference – agreement between the parties - orders Legislation Cited: Burwood Local Environmental Plan 2012, cl 4.3, 4.4 Environmental Planning and Assessment Act 1979, s 4.16, 4.55, 8.7, Sch 1 Environmental Planning and Assessment Regulation 2000, cl 49, 115, 121B Environmental Planning and Assessment Regulation 2021, Sch 6, cll 49, 115. Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468; (1998) 97 LGERA 433 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: X-Sealant Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: A Kliese (Solicitor)(Applicant) J Corradini-Bird (Solicitor)(Respondent)