X-Sealant Pty Ltd v Burwood Council [2023] NSWLEC 1469

Land and Environment Court New South Wales

Medium Neutral Citation: X-Sealant Pty Ltd v Burwood Council [2023] NSWLEC 1469 Hearing dates: Conciliation conference on 13 July and 16 August 2023. Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent No DA.10.2017.124.1 is modified in the terms in Annexure A; and (3) Development Consent No DA.10.2017.124.1 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – residential apartment development – modification of penthouse apartment - whether substantially the same – conciliation conference – agreement between parties - orders Legislation Cited: Burwood Local Environmental Plan 2012, cll 4.3, 4.4 Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 4.56, 8.9 Environmental Planning and Assessment Regulation 2021, ss 100, 113 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: X-Sealant Pty Ltd v Burwood Council [2022] NSWLEC 1316 SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Texts Cited: Burwood Development Control Plan 2013 Category: Principal judgment Parties: X-Sealant Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: M Fozzard (Applicant) A Seton (Solicitor) (Respondent)