Lippman v Burwood Council [2008] NSWLEC 1289

Land and Environment Court of New South Wales

CITATION : Lippman v Burwood Council [2008] NSWLEC 1289

Applicant: Ed Lippman PARTIES : Respondent: Burwood Council

FILE NUMBER(S) : 10768 of 2006

CORAM: Roseth SC

KEY ISSUES: Section 96 Application :-

DATES OF HEARING: 11 July 2008

EX TEMPORE JUDGMENT DATE : 11 July 2008

Applicant: LEGAL REPRESENTATIVES: Mr I Hemmings, barrister instructed by Ms M Peatman, solicitor of Hunt & Hunt Respondent: Ms C Rose, solicitor of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

11 July 2008

10768 of 2006 Ed Lippman v Burwood Council

JUDGMENT 1 Senior Commissioner: This is an application under s96(2) of the Environmental Planning and Assessment Act 1979 to modify a consent issued by the Court on 19 March 2007 in respect of the relocation of the Junior School of MLC Burwood.

The site 2 The relocated Junior School is at 12-26 Park Road. The approved access to the underground car park is at 33 Britannia Avenue. The properties 31 and 35 Britannia Avenue are in the school's ownership. The council has consented to the demolition of the houses on them and their replacement by netball courts. The property at No 31 is a rectangular parcel with a 12.2m frontage and an area of 385m2. To the rear it adjoins the playing fields. To the north it adjoins No 29, which is in private ownership.

The proposal and its history 3 The applicant seeks to · demolish the existing dwelling at 31 Britannia Avenue; · relocate the approved driveway from 33 to 31 Britannia Avenue; · construct an enclosed vehicular access at existing grade that connects to the basement car park; and · construct a two-storey building over the driveway to be used as a staff room and observation room. 4 The Court approved the original development application in March 2007 and a first modification application (unopposed by the council) in December 2007. The applicant lodged the second modification application in March 2008. Following notification, the council received an objection from the neighbouring property, 29 Britannia Avenue.