Sanders v Burwood Council [2011] NSWLEC 1282

Land and Environment Court New South Wales

Medium Neutral Citation: Sanders v Burwood Council [2011] NSWLEC 1282 Hearing dates: 13-14 September 2011 Decision date: 27 September 2011 Jurisdiction: Class 1 Before: Morris C Decision: The appeal is dismissed. Catchwords: DEVELOPMENT APPLICATION; boarding house; compatibility with character of local area. Legislation Cited: Burwood Planning Scheme Ordinance; State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: Burwood Development Control Plan No 37- Shared Accommodation; Burwood Development Control Plan 22 - Carparking; Burwood Development Control Plan 17 - Waste Management Category: Principal judgment Parties: Glen Sanders (Applicant) Burwood Council (Respondent) Representation: Mr G Newhouse Surry Partners Lawyers (Applicant)

Ms N Price Maddocks Lawyers (Respondent) Mr P Clay (Applicant) Mr P Tomasetti SC (Respondent) File Number(s): 10498 of 2011

Judgment 1This is an appeal against the refusal by Burwood Council (the council) of Development Application No 66/2011 (the application), which proposed the conversion of an existing dwelling, the construction of a new building and use of those buildings as a boarding house at No 42 Paisley Road, Croydon (the site). 2The issues in contention are whether the design of the proposed development is compatible with the character of the local area; adequate parking and vehicle manoeuvring areas, access, facilities including waste management facilities have been provided; the proposed plan of management (POM) is satisfactory and if the application is in the public interest.