Anthony Mitchell v Burwood Council [2024] NSWLEC 1778

Land and Environment Court New South Wales

Medium Neutral Citation: Anthony Mitchell v Burwood Council [2024] NSWLEC 1778 Hearing dates: Conciliation Conference on 29 October 2024; final submissions 14 November 2024 Date of orders: 04 November 2024 Decision date: 04 November 2024 Jurisdiction: Class 1 Before: Macken AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA10.2024.14, for demolition works, alterations and additions to an existing heritage dwelling located at 25 Stanley Street, Burwood and the construction of a 9 storey residential flat building containing 49 apartments (7x1 bedroom apartments, 32 x 2 bedroom apartments and 10 x3 bedroom apartments) with 3 basement levels of car parking spaces (including 5 accessible spaces) and 20 bicycle spaces and ground level communal open space on the land at 19-23 Stanley Street, Burwood is determined by the grant of consent, subject to the conditions of consent set out at Annexure A. Catchwords: DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Burwood Local Environmental Plan 2012, cl 4.3, 4.4, 5.10, Sch 5 Environmental Planning and Assessment Regulation 2021, s 29 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 2.6, 6.6, 6.7, 6.8 State Environmental Planning Policy (Housing) 2021 (Housing SEPP) Ch 2, ss 18, 19, 21, 147 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Category: Principal judgment Parties: Anthony Mitchell (Applicant) Burwood Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)