Deng v Burwood Council [2018] NSWLEC 1536

Land and Environment Court New South Wales

Medium Neutral Citation: Deng v Burwood Council [2018] NSWLEC 1536 Hearing dates: 5 September 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) Leave granted to rely on amended plans. (2) The appeal is dismissed. (3) Development Application No. DA172/2016 for the demolition of the existing single storey brick dwelling, removal of trees and pool and the construction of twelve townhouses and underground parking at 31 Wyatt Avenue Burwood is refused. (4) The exhibits are returned with the exception of Exhibits A, B, 2, 3 and 4. Catchwords: DEVELOPMENT APPLICATION: Residential flat building – SEPP affordable rental housing – visual privacy – amenity Legislation Cited: Burwood Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Dem Gillespies v Warringah Council (2002) 124 LGERA 147 New Century Development Pty limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Segal v Waverley Council [2005] NSWCA 310 Texts Cited: Burwood Development Control Plan 2013 Category: Principal judgment Parties: Qing Rong Deng (Applicant) Burwood Council (Respondent) Representation: Solicitors: G McKee, McKee Legal Solutions (Applicant) K Law, Matthews Folbigg Pty Ltd (Respondent) File Number(s): 2017/316422 Publication restriction: No