Yassine v Burwood Council [2014] NSWLEC 1116

Land and Environment Court New South Wales

Medium Neutral Citation: Yassine v Burwood Council [2014] NSWLEC 1116 Hearing dates: 3-5 June 2014 Decision date: 20 June 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development application: residential flat building, bulk, scale, setbacks, impact on heritage items. Legislation Cited: Burwood Local Environmental Plan 2012; State Environmental Planning Policy No 65 Design Quality of Residential Flat Development Texts Cited: Burwood Development Control Plan; Residential Flat Design Code Category: Principal judgment Parties: Ammar Yassine (Applicant)

Burwood Council (Respondent) Representation: Mr P Clay SC (Applicant) Mr V Conomos Conomos Legal (Applicant)

Mr A Seton Marsdens Law Group File Number(s): 10918 of 2013

Judgment 1Development Application No. 127/2013 was lodged with Burwood City Council by Mr Yassine on 16 September 2013 seeking consent to demolish an existing dwelling house and construct an eight storey residential flat building containing 12 apartments over basement carparking. The council refused consent and Yassine is appealing that decision. 2The issues in the case are whether the bulk, scale, size, building setbacks, landscaped areas of the proposal are appropriate and consistent with the existing and desired future character (DFC) of the area, parking is adequate and functional for the intended use, the development adversely impacts adjoining properties or would affect the heritage significance of heritage items within the vicinity of the site.