Sitou v Burwood Council [2022] NSWLEC 1420

Land and Environment Court New South Wales

Medium Neutral Citation: Sitou v Burwood Council [2022] NSWLEC 1420 Hearing dates: Conciliation conference on 20 and 21 July 2022 Date of orders: 5 August 2022 Decision date: 05 August 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Applicant's written request, pursuant to clause 4.6 of the Burwood Local Environmental Plan 2012, seeking a variation to the development standards for Floor Space Ratio is upheld. (2) The Appeal is upheld. (3) Development Application No. DA99/2021 for demolition of existing dwelling associated structures and construction of a new two-storey dwelling house over a basement garage with swimming pool, spa, front fence and associated landscaping on land legally comprising of the allotment described as Lot 2 DP948782, known as 23 Victoria Street, Burwood is determined by the grant of Development Consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – new dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Burwood Local Environmental Plan 2012, cll 4.4, 4.6 Contaminated Land Management Act 1997, Div 2 Pt 3 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards), s 4.6 Category: Principal judgment Parties: Eillen Sitou (Applicant) Burwood Council (Respondent) Representation: Solicitors: G McKee (Applicant) S Shneider (Respondent)