Mackenzie Architects International Pty Ltd v Burwood Council [2023] NSWLEC 1783

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Burwood Council [2023] NSWLEC 1783 Hearing dates: 8-9 November 2023: written submissions 22 November 2023 and 4 December 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is dismissed. (3) Development consent for development application 2022.81 for demolition of existing structures and construction of an eight storey residential flat building, ancillary landscaping, drainage and site works at 9-11 Oxford Street and 98-100 Wentworth Road, Burwood is refused. (4) All exhibits are returned, except for Exhibits A, E and F, 5 and 6. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building in R1 General Residential zone – the height standard is exceeded – whether compliance with development standard is unreasonable or unnecessary Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Burwood Local Environmental Plan 2012, cll 4.3, 4.6, Sch 5 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Texts Cited: NSW Department of Planning, Apartment Design Guide, July 2015 Burwood Development Control Plan 2021 Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: M Fozzard (Applicant) M Wright SC (Respondent)