Filippello v Burwood Council [2015] NSWLEC 1342

Land and Environment Court New South Wales

Medium Neutral Citation: Filippello v Burwood Council [2015] NSWLEC 1342 Hearing dates: 12 August 2015 Date of orders: 14 August 2015 Decision date: 14 August 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: health consulting rooms, amended plans address contentions Legislation Cited: Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979; Burwood Local Environmental Plan 2012 Texts Cited: Burwood Development Control Plan Category: Principal judgment Parties: Maree Filippello (Applicant) Burwood Council (Respondent) Representation: Solicitors: Mr V Conomos, Conomos Legal (Applicant) Ms J Hutton , Matthews Folbigg (Respondent)) File Number(s): 10412 of 2015

Judgment 1. Ms Filippello lodged Development Application No 2014.200 with Burwood Council on 16 December 2014 seeking consent to change the use of an existing dwelling house at No 2 Boronia Avenue, Burwood to health consulting rooms (orthodontist surgery). 2. The application was not determined within the 40 day prescribed period and Ms Filippello is appealing its deemed refusal.

The site and locality 1. The site is located on the south eastern corner of Boronia Avenue and Victoria Street and contains a single storey dwelling with detached garage to its south. The dwelling is accessed from Boronia Avenue which is its longest frontage. 2. Properties in the locality are predominantly single storey free standing dwelling houses with some two storey dwellings. A boarding house is located opposite the site and a town house development for aged persons is located to the rear of the properties on the western side of Boronia Avenue. 3. The eastern extent of the Burwood Town Centre is approximately 200m to the west of the site with Burwood Railway Station an approximate 10 minute walk.