TFR Pty Ltd trading as Design Workshop Australia v Burwood Council [2019] NSWLEC 1447

Land and Environment Court New South Wales

Medium Neutral Citation: TFR Pty Ltd trading as Design Workshop Australia v Burwood Council [2019] NSWLEC 1447 Hearing dates: Conciliation conference on 30 July 2019; 15 August 2019; 20 August 2019; 13 September 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon the amended plans and documents listed in condition 1 of Annexure 'A' hereto. (2) The Applicant is to pay the Respondent's costs thrown away in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $12,500. (3) The Applicant's written request under clause 4.6 of the Burwood Local Environmental Plan 2012 (LEP) seeking a variation of the development control for height of buildings set out in clause 4.3 of the LEP is upheld. (4) The appeal is upheld. (5) Development application 2018.87 for the construction of a five storey boarding house development at 40-46 Stanley Street, Burwood is approved subject to the conditions contained in Annexure 'A' hereto. Catchwords: DEVELOPMENT APPEAL – boarding house – affordable rental housing – conciliation conference – agreement between parties – orders Legislation Cited: Burwood Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) State Environmental Planning Policy No 65–Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide Burwood Development Control Plan 2013 Category: Principal judgment Parties: TFR Pty Ltd trading as Design Workshop Australia (Applicant) Burwood Council (Respondent) Representation: Counsel: C Marginson (Solicitor) (Applicant) T O'Connor (Solicitor) (Respondent)