Progress & Properties v Burwood Council [2008] NSWLEC 1178

Land and Environment Court of New South Wales

CITATION : Progress & Properties v Burwood Council [2008] NSWLEC 1178

Applicant: Progress & Properties Building Pty Ltd

PARTIES : First Respondent: Burwood Council

Second Respondent: Rail Corporation NSW

FILE NUMBER(S) : 10238 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- application for modificationj of consent

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s96

DATES OF HEARING: 12/05/2008 and 13/05/2008

DATE OF JUDGMENT: 15 May 2008

Applicant: Mr M Craig QC and Ms A Pearman, barrister instructed by Ms S Emery, solicitor of Emerys Law Firm

First Respondent: LEGAL REPRESENTATIVES: Mr A Galasso SC instructed by Mr D Baird, solicitor of Maddocks

Second Respondent: Mr N Thomas, solicitor of Clayton Utz

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

15 May 2008

10238 of 2006 Progress & Securities Building Pty Ltd v Burwood Council (First Respondent) Rail Corporation NSW (Second Respondent)

JUDGMENT 1 Senior Commissioner: The is an application under s96 of the Environmental Planning and Assessment Act 1979 to amend a consent, granted by this Court on 13 November 2006, to construct a mixed-use development consisting of dwellings, shops and commercial suites on lots 14 and 15 DP 749949, known as 1 Railway Parade Burwood. 2 Despite minor differences between the council and the applicant on the first day of the hearing, by the end all three parties were in agreement. Although the orders are not by consent, they reflect the wishes of the parties.