Gladstone Terrace Development Pty Ltd v Burwood Council [2015] NSWLEC 1321

Land and Environment Court New South Wales

Medium Neutral Citation: Gladstone Terrace Development Pty Ltd v Burwood Council [2015] NSWLEC 1321 Hearing dates: 3 August 2015 Date of orders: 11 August 2015 Decision date: 11 August 2015 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The applicant is granted leave to rely on the Revision G amended plans (Exhibit A), 2. The applicant pay the respondent's costs thrown away pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the sum of $12,500 within 28 days. 3. The appeal is upheld. 4. Development Application No. 2014.161 for the construction of a residential development with basement parking at 10 Gladstone Street, Burwood is approved subject to the conditions in Annexure A. 5. The exhibits be returned other than Exhibit A Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and the erection of a part 3 and part 5 storey building residential flat building - Original contentions addressed by amended plans – no delegations to enter into a s 34 Agreement or consent orders – resident objections addressed by amended plans Legislation Cited: Burwood Local Environmental Plan 2012 – Amendment 5 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Gladstone Terrace Development Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Ms K Law, solicitor (Respondent)