Lippman v Burwood Council [2007] NSWLEC 836

Land and Environment Court of New South Wales

CITATION : Lippman v Burwood Council [2007] NSWLEC 836

APPLICANT Ed Lippman PARTIES : RESPONDENT Burwood Council

FILE NUMBER(S) : 10768 of 2006

CORAM: Hussey C

KEY ISSUES: Section 96 Modification :- Excavation of undercroft of play area, noise

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Burwood Planning Scheme Ordinance 1979

DATES OF HEARING: 20/12/2007

DATE OF JUDGMENT: 20 December 2007

APPLICANT Mr M. Seymour, barrister Instructed by M. Peatman of Hunt and Hunt LEGAL REPRESENTATIVES:

RESPONDENT Ms C. Rose, solicitor of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

20 December 2007

10768 of 2006 Ed Lippman v Burwood Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This is a s96 application to modify a consent granted by the Court on the 19th of March 2007 concerning the relocation of the MLC Junior School at Burwood. The modification involves: i) Excavation of the approved Play Area 1 to the level of the adjacent netball court; ii) Use of the ground floor level storage and shaded undercroft area; iii) Construction of a suspended concrete slab covered with soil and re-established vegetation to recreate Play Area 1. 2 For the assessment of this application, I am satisfied that: i) This modification relates to the same development; ii) The modification application has been notified and there are no objections; iii) The application merits consent on the following basis.