NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Tannous v Burwood Council [2015] NSWLEC 1445 Hearing dates: 7 April and 20 May 2015 Date of orders: 23 July 2015 Decision date: 23 July 2015 Jurisdiction: Class 1 Before: Tuor C Decision: See paragraph 55 Catchwords: DEVELOPMENT APPLICATION – residential flat building. Non-compliance with height standard, adequacy of setback, amenity, solar access and landscaping. Impact on tree in public reserve. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Burwood Local Environmental Plan 2012 Cases Cited: Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Category: Principal judgment Parties: Charbel Tannous (Applicant)
Burwood Council (Respondent)
Sydney Trains (Intervener) Representation: Counsel: Ms J McElvey (Intervener)
Solicitors: Mr A Gough of Storey & Gough Lawyers (Applicant)
Mr A Seton of Marsdens Law Group (Respondent)
Mr White of Henry Davis York (Intervener) File Number(s): 10936 of 2014
Judgment 1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of a development application (53/2014) by Burwood Council (council) to demolish the existing structures and construct a residential flat building (RFB) with basement parking at 22-24 Grosvenor Street, Croydon (site).
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