RAD 1 Holdings Pty Ltd v Burwood Council [2017] NSWLEC 1618

Land and Environment Court New South Wales

Medium Neutral Citation: RAD 1 Holdings Pty Ltd v Burwood Council [2017] NSWLEC 1618 Hearing dates: 1 November 2017 Date of orders: 03 November 2017 Decision date: 03 November 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. BD.2015.165 for the construction of a two attached dwellings and the retention and part demolition of a heritage item, at 31 Conder Street, Burwood, is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 2 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of two townhouses; retention of a cottage identified as a local heritage item; front setbacks; height of front fences; solar access to rear private open spaces. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: RAD 1 Holdings Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Mr S Schneider, solicitor (Respondent)

Solicitors: Landerer & Company (Applicant) Houston Dearn O'Connor Lawyers (Respondent) File Number(s): 2017/66225 Publication restriction: No

judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. BD.2015.165 for minor alterations and additions to an existing dwelling listed as a local heritage item and construction of two townhouses over a basement carpark (the proposal) at 33 Conder Street Burwood (the site) by Burwood Council (the Council). 2. The appeal was subject to mandatory conciliation on 21 June 2017, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated, pursuant to s 34(4) of the LEC Act. Leave was granted for the applicant to rely on an amended proposal by the Court on 15 August 2017.