Yassine Holdings Pty Ltd v Burwood Council [2015] NSWLEC 1559

Land and Environment Court New South Wales

Medium Neutral Citation: Yassine Holdings Pty Ltd v Burwood Council [2015] NSWLEC 1559 Hearing dates: 20 February 2015 Date of orders: 20 February 2015 Decision date: 20 February 2015 Jurisdiction: Class 1 Before: Registrar Gray Decision: Leave granted to rely on amended plans Catchwords: AMENDED PLANS – whether amendment was a new development application – whether leave should be granted Legislation Cited: Environmental Planning and Assessment Regulation 2000 Cases Cited: Ebsworth v Sutherland Shire Council [2005] NSWLEC 603 Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292 Australian Enterprise Holdings Pty Ltd v Camden Council (2010) 173 LGRA 226 Pepperwood Ridge v Newcastle City Council [2007] NSWLEC 19 Yassine Holdings Pty Ltd v Burwood Council [2015] NSWLEC 1023 Category: Consequential orders (other than Costs) Parties: Yassine Holdings Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel:

Solicitors: Wilshire Webb Staunton Beattie (Applicant) Marsdens Law Group (Respondent) File Number(s): 10744 of 2014 Publication restriction: No

Judgment ON NOTICE OF MOTION 1. REGISTRAR: This matter came before me following a Notice of Motion having been filed by the applicant in the proceedings seeking leave to rely on amended plans. The development, the subject of the appeal, was made originally to the Council on 3 July 2014. Following the expiry of the deemed refusal period for the application, an appeal was lodged to this Court on 16 September 2014. 2. Following the lodgement of that appeal an amendment to the Burwood LEP was made, such that the height limit for the area was reduced, as well as making changes to the maximum floor space ratio. 3. Whilst there are savings provisions in the new LEP, obviously the amending controls are a relevant and significant consideration in the Court's determination of the development application. The Notice of Motion seeking leave to rely on amended plans is made in light of those changes in controls, and also in order to deal with the Council's contentions raised in the proceedings and the subject of discussions at the conciliation conference. 4. There are quite significant changes that are proposed in the amended plans. Those changes can be summarised as being a reduction in the height of the proposed development from around 28 metres to 19 metres, a reduction in the number of storeys from nine to six, a change in the floor space ratio from 2.92:1 to 1.68:1, a reduction in the number of units from 57 to 37, the deletion of a basement, increase in setbacks, and resulting changes to internal configurations and the number of units.