Appwam Pty Ltd v Burwood Council [2023] NSWLEC 1251

Land and Environment Court New South Wales

Medium Neutral Citation: Appwam Pty Ltd v Burwood Council [2023] NSWLEC 1251 Hearing dates: Conciliation conference on 1 February 2023 Date of orders: 24 May 2023 Decision date: 24 May 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The Applicant is granted leave to rely upon the amended plans and documentation referred to in the index annexed, marked "Annexure A". (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application 10.2020.132.1, as amended during Land and Environment Court of New South Wales Proceedings No 2022/2277358, for demolition and construction of a mixed use development comprising ground floor commercial premises and 6 storey new age boarding house with 1 level basement car parking at 254-256 Liverpool Road, Enfield (Lot 12 and 13 in DP 48472) is approved subject to the conditions annexed, marked "Annexure B". Catchwords: DEVELOPMENT APPLICATION ––mixed use development – boarding house conciliation conference – agreement between the parties – orders Legislation Cited: Burwood Local Environmental Plan 2012 cll 1.2, 4.3, 4.4, 4.4A, 6.5 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 4.568.2, 8.7 Environmental Planning and Assessment Regulation 2000, cl 3, Sch 2 cl 2A Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 26, 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119, 2.120 Texts Cited: Burwood Development Control Plan 2013 Category: Principal judgment Parties: Appwam Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: J Cole (Solicitor)(Applicant) A Pearman (Respondent)