Boundary Street Properties Pty Ltd v Burwood Council [2024] NSWLEC 1668

Land and Environment Court New South Wales

Medium Neutral Citation: Boundary Street Properties Pty Ltd v Burwood Council [2024] NSWLEC 1668 Hearing dates: Conciliation conference on 19 September 2024 Date of orders: 23 October 2024 Decision date: 23 October 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended documents listed in the Notation. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application No 10.2023.55.1, for the demolition of existing structures and construction of an 8 storey residential flat building containing 51 apartments over 3 levels of basement parking for 62 car parking spaces, 21 motorbike spaces and 16 bicycle spaces, with ground level and rooftop communal open space and associated landscaping and site works on the land known as 19 Grosvenor Street & 18-20 Boundary Street, Croydon, is determined by the grant of consent, subject to the conditions of consent in Annexure 'A'. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1979, s 34 Burwood Local Environmental Plan 2012, cll 4.3, 4.4, 4.6 6.1 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Housing) 2021, ss 145, 148 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.100 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Boundary Street Properties Pty Ltd (Applicant) Burwood Council (First Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)