Hrsto v Burwood Council [2024] NSWLEC 1483

Land and Environment Court New South Wales

Medium Neutral Citation: Hrsto v Burwood Council [2024] NSWLEC 1483 Hearing dates: 21 May 2024 Date of orders: 13 August 2024 Decision date: 13 August 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is dismissed. (2) Development Application No. 67/2023 for the subdivision of the site into 2 lots, alterations and additions to the existing dwelling house (proposed Lot 1) including the construction of a new swimming pool and basement parking, alterations and additions to the existing laundry/garage building (proposed Lot 2) to create a 2 storey dwelling house, and associated stormwater works, landscaping and tree removal on the land at 2A Appian Way, Burwood, is refused. (3) The Exhibits are returned with the exception of Exhibits 2, B and C. Catchwords: DEVELOPMENT APPLICATION – alterations and additions - subdivision – new dwelling – heritage item – Heritage Conservation Area – streetscape. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 New South Wales Heritage Act 1977 Burwood Local Environmental Plan 2012, cll 2.3, 5.10, Sch 5, Pt 1, 2 Texts Cited: Assessing Heritage Significance, 2023 Burwood Development Control Plan 2023 The Burra Charter 2013 Category: Principal judgment Parties: Andrew Hrsto (Applicant) Burwood Council (Respondent) Representation: Counsel: A Pearman (Applicant) A Seton (Solicitor)(Respondent)