Yassine Holdings Pty Ltd v Burwood Council (No. 2) [2015] NSWLEC 1188

Land and Environment Court New South Wales

Medium Neutral Citation: Yassine Holdings Pty Ltd v Burwood Council (No. 2) [2015] NSWLEC 1188 Hearing dates: 4 December 2014 and 9 and 10 March 2015 Date of orders: 28 May 2015 Decision date: 28 May 2015 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld; 2. The development application (62/2014), as amended in the plans filed on 16 April 2015 (Revision H), for the demolition of the existing dwellings and construction of a 4 storey residential flat building with 16 x 2 bedroom apartments and 20 parking spaces, including four (4) visitor spaces, in two basement levels, at 24A and 26 Gordon Street, Burwood, is approved, subject to the conditions in Annexure A; 3. The exhibits, except Exhibit 3, are returned. Catchwords: DEVELOPMENT APPLICATION – residential flat building. Compatibility with existing and desired future character under Draft Local Environmental Plan and impact on heritage significance of conservation area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings Burwood Local Environmental Plan 2012 Cases Cited: Blackmore Design Group Pty Limited v North Sydney Council 2001 NSWLEC 279 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Terrace Tower Holdings Pty Limited v Sutherland Shire Council 2003 NSWCA 289 Category: Principal judgment Parties: Yassine Holdings Pty Ltd (Applicant)