OPM Works Pty Limited v Burwood Council [2015] NSWLEC 1166

Land and Environment Court New South Wales

Medium Neutral Citation: OPM Works Pty Limited v Burwood Council [2015] NSWLEC 1166 Hearing dates: 6 May 2015 Decision date: 19 May 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: Residential flat building, issues raised by objectors Legislation Cited: Land and Environment Court Act 1979; Environmental Planning and Assessment Act 1979; Burwood Local Environmental Plan 2012; 24 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: OPM Works Pty Limited (Applicant) Burwood Council (Respondent) Representation: Solicitors: Mr A Hudson, Wilshire Webb Staunton Beattie Ms K Law, Matthews Folbigg Pty Ltd File Number(s): 10745 of 2014

Judgment 1. OPM Works lodged Development Application 121/2014 with Burwood Council on 5 August 2014 seeking consent for a 9 storey mixed commercial and residential development comprising 4 ground level commercial premises and 27 residential units over 4 basement carparking levels with 36 car parking spaces and internal alterations and retention of a heritage item at Nos 10 and 12 Burwood Road, Burwood. 2. The council had not determined the application within the prescribed period and OPM is appealing its deemed refusal. 3. The applicant has prepared amended plans that address the contentions in the case.

The site and locality 1. The site comprises two adjoining allotments, Lots 4 and 5 in DP 771894 known as Nos 10 and 12 Burwood Road, Burwood. The site is dual fronted to Burwood Road (19.2m) and Webbs Lane (19.315m), is rectangular in shape with a depth of 33.575m and area of 644.6sqm. 2. A single storey cottage occupies No 10 with a 2 storey Victorian terrace house at No 12, one of a pair that includes No 14 Burwood Road, a listed heritage item. Immediately adjoining that pair of dwellings to the south is a 9 storey mixed commercial and residential building. 3. To the north the site adjoins a single storey cottage with outbuilding with 2 storey commercial premises further north towards Parramatta Road. 4. A mix of 1, 2 and 3 storey commercial premises are located to the west across Burwood Road. 5. The rear yards and garages of Esher Street residential dwellings are located across Webbs Lane to the east of the site