RAD 1 Holdings Pty Ltd v Burwood Council [2018] NSWLEC 1093

Land and Environment Court New South Wales

Medium Neutral Citation: RAD 1 Holdings Pty Ltd v Burwood Council [2018] NSWLEC 1093 Hearing dates: 21 and 22 February 2018 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The applicant is granted leave to rely on amended plans. 2. The applicant is to pay the respondent's costs that are thrown away as a result of amending the development application as agreed or assessed under s97B of the Environmental Planning and Assessment Act 1979. 3. The appeal is allowed. 4. Development Application 181/2015 for multi dwelling housing and a residential flat building at 9-11 Oxford Street and 98 Wentworth Road, Burwood is approved subject to the conditions set out in Annexure "A". 5. The exhibits are returned except for Exhibits A, B, C, and 1. Catchwords: DEVELOPMENT APPLICATION: Residential flat buildings, amendments to convert one residential flat building to multi dwelling housing; response to context; site constrained notwithstanding controls; minimum lot size and frontage; site isolation; reasonableness of overshadowing; presentation of development; resolution of contentions by amended plans; resident objections; public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Burwood Local Environmental Plan 2012 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development Texts Cited: Burwood Development Control Plan 2012 Apartment Design Guide Category: Principal judgment Parties: RAD 1 Holdings Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicant) Mr I Pickles, SC (Respondent)