NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Lorenzato v Burwood Council [2017] NSWLEC 1269 Hearing dates: 24 May 2017 Date of orders: 31 May 2017 Decision date: 31 May 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application No. 83/2016 for alterations and additions to an existing dwelling house including new basement and attic levels, swimming pool and front fence at 13 Appian Way, Burwood is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits A and B. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to the existing single dwelling house – whether deferred commencement conditions relating to the relocation of an existing stormwater pipe and the creation of an easement are reasonable – whether condition requiring detailed drainage plan is reasonable - potential privacy and acoustic impacts Legislation Cited: Burwood Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Newbury District Council v Secretary of State for the Environment [1981] AC 578 at 607 Category: Principal judgment Parties: Elisa Lorenzato (Applicant) Burwood Council.(Respondent) Representation: Counsel: Mr T To, barrister (Applicant) Mr M Wright, barrister.(Respondent)
Solicitors: Mills Oakley (Applicant) Matthews Folbigg Pty Ltd.(Respondent) File Number(s): 2017/024930 Publication restriction: No
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