Yassine Holdings Pty Ltd v Burwood Council [2015] NSWLEC 1263

Land and Environment Court New South Wales

Medium Neutral Citation: Yassine Holdings Pty Ltd v Burwood Council [2015] NSWLEC 1263 Hearing dates: 1 and 4 June 2015 Date of orders: 16 July 2015 Decision date: 16 July 2015 Jurisdiction: Class 1 Before: Smithson AC Decision: 1. The appeal is upheld. 2. The applicant is granted leave to amend development application No. DA/107/2014 in accordance with the plans in Exhibit B (Revision D plans). 3. The applicant is to pay the respondent's costs associated with amending the application from the Revision B to the Revision D plans arising under s 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 4. The development application (DA/107/2014), as amended in the Revision D plans for the demolition of the existing dwellings and construction of a part 4, part 5 storey residential flat building at 5-13 Carilla Street, Burwood, is approved, subject to the conditions in Annexure A. 5. The exhibits, except Exhibits B, C and 2, are returned. Catchwords: DEVELOPMENT APPLICATION – residential flat building, height, built form, building separation, compatibility with existing and desired future character, contextual fit, impact on heritage items. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings Burwood Local Environmental Plan 2012 Cases Cited: Radray Constructions Pty Limited v Hornsby Shire Council [2006] NSW LEC 155 Yassine Holdings Pty Ltd v Burwood Council (No. 2) [2015] NSWLEC 1188 Category: Principal judgment Parties: Yassine Holdings Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant)