X-Sealant Pty Ltd v Burwood Council [2024] NSWLEC 1452

Land and Environment Court New South Wales

Medium Neutral Citation: X-Sealant Pty Ltd v Burwood Council [2024] NSWLEC 1452 Hearing dates: Conciliation conference 27 May 2024 Date of orders: 31 July 2024 Decision date: 31 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the amended development application as listed at [7] in the judgment. (2) The appeal is upheld. (3) Development consent No. 10.2017.124.1 is modified in the terms in Annexure A by the approval of Modification Application 10.2017.124.6. (4) Development consent No. DA10.2017.124.1 for demolition of existing structures and construction of a part 6 and part 10 storey mixed use development containing 125 apartments, one retail premises at ground floor and three levels of basement at 68-72 Railway Parade and 2-10 Oxford Street Burwood, as modified by the Court, is at Annexure B. Catchwords: MODIFICATION APPLICATION – Amendments to the design of the communal open space at the uppermost level – conciliation conference – amended plans – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, Land and Environment Court Act, s 34 Burwood Local Environment Plan 2012 Environmental Planning and Assessment Regulation 2021, cll 98, 99, 100 State Environmental Planning Policy (Housing) 2021, Schs 7A, 9 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468, 97 LGERA 433 Category: Principal judgment Parties: X-Sealant Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: M Fozzard (Applicant) J Corradini-Bird (Solicitor) (Respondent)