NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sydney Missionary Bible College v Burwood Council [2006] NSWLEC 466
APPLICANT Sydney Missionary Bible College PARTIES : RESPONDENT Burwood Council
FILE NUMBER(S) : 10257 of 2005
CORAM: Tuor C
Development Application :- Consent Orders Student accommodation KEY ISSUES: Impact on views and privacy car parking overdevelopment impact on conservation area and heritage item
LEGISLATION CITED: Burwood Planning Scheme Ordinance 1979 Burwood Local Environmental Plan No 19
DATES OF HEARING: 27/06/2006, further information and amended plans filed 20/07/2006, conditions file 25/07/2006
DATE OF JUDGMENT: 07/28/2006
APPLICANT Mr A Perkins, solicitor Colin Biggers & Paisley LEGAL REPRESENTATIVES:
RESPONDENT Mr D Baird, solicitor Maddocks Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
28 July 2006
10257 of 2005 Sydney Missionary and Bible College v Burwood Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Burwood Council (the council) of a development application (D204/2003) to demolish the two existing buildings and construct student residential accommodation at the Sydney Missionary and Bible College, 43-45 Badminton Road, Croydon (the site). 2 The issues were resolved and the parties sought consent orders from the Court. 3 Details of the site, its context, history of the development and the planning controls are in the Statement of Basic Facts and the report of the council officer to the Council meeting on 2 November 2004, which recommended approval of the application (council report). 4 The site is zoned Residential 2(a) under Burwood Planning Scheme Ordinance 1979 (BPSO 1979). The college is an educational establishment and the proposal is permissible with consent in the zone. Under Burwood Local Environmental Plan No 19 (LEP 19) the site is within a conservation area and contains two buildings which are identified as heritage items being 43–45 (Ooma House) and 29 (Carlyon House), Badminton Road. 5 Council refused the application on 2 November 2004 for the following reasons:
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