Otar Investments Pty Ltd v Burwood Council [2014] NSWLEC 1252

Land and Environment Court New South Wales

Medium Neutral Citation: Otar Investments Pty Ltd v Burwood Council [2014] NSWLEC 1252 Hearing dates: 19-21 November, 2014 Decision date: 09 December 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1.The appeal is dismissed. 2.Development Application No. 35/2014 for the demolition of the former Burwood courthouse, retention of the former Burwood police station and construction of a mixed use 18 storey development is refused. 3.The exhibits, other than exhibits 1, 5 and 10, are returned. Catchwords: DEVELOPMENT APPLICATION: partial demolition of a local heritage item; whether the demolition will have an acceptable impact on the heritage significance of the heritage item. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Otar Investments Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Mr Philip Clay (Applicant) Mr Michael Wright Barrister (Respondent) McKees Legal Solutions (Applicant) Matthews Folbigg Pty Ltd (Respondent) File Number(s): 10323 of 2014

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 35/2014 for the demolition of the former Burwood courthouse (the former courthouse) and the construction of a mixed use development (the proposal) at 24 Burleigh Street, Burwood (the site) by Burwood Council (the Council). 2The appeal was subject to mandatory conciliation on 8 August 2014, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979. As agreement was not reached, the conciliation conference was terminated, pursuant to s 34(4) of the LEC Act. The proposal was amended following the termination of the conciliation conference and leave was granted by the Court on 4 September 2014 for the applicant to rely on the amended proposal (exhibit A) and the respondent to rely on an amended Statement of Facts and Contentions (exhibit 1).