Tier Architects Pty Ltd v Burwood Council [2023] NSWLEC 1707

Land and Environment Court New South Wales

Medium Neutral Citation: Tier Architects Pty Ltd v Burwood Council [2023] NSWLEC 1707 Hearing dates: 28 and 29 August 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders that: (1) The application is granted. (2) Pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979, the application to modify development consent No DA 2021.1 at 2, 2A and 4 Cooper Street Strathfield is approved subject to the terms set out in Annexure A. (3) The terms of the consolidated Development Consent No DA 2021.1 are set out in Annexure B. (4) The exhibits are returned, except for A, F and 1. Catchwords: MODIFICATION APPLICATION – modification of a court consent - boarding house – heritage – setbacks – building separation - character Legislation Cited: Burwood Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 4.56 State Environmental Planning Policy (Affordable Rental Housing) 2009, Div 3, cl, 30A State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Tier Architects Pty Ltd v Burwood Council [2022] NSWLEC 1036 Texts Cited: Burwood Development Control Plan 2012 Cooper Street Planning Proposal (PP_2016_BURWO_003_00) Category: Principal judgment Parties: Tier Architects Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Seton (Solicitor) (Respondent)