Ghazi Al Ali Architect P/L v Burwood Council [2019] NSWLEC 1488

Land and Environment Court New South Wales

Medium Neutral Citation: Ghazi Al Ali Architect P/L v Burwood Council [2019] NSWLEC 1488 Hearing dates: 30 September 2019; 1 October 2019 Date of orders: 22 November 2019 Decision date: 15 October 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) Leave is granted to the applicant to amend the application for development consent, by relying on the information and the amended plans identified in Condition 1(a) of Annexure 'A'. (2) The appeal is upheld. (3) Development consent for Development Application No. 048/2018 for the demolition of existing structures and construction of a six storey mixed use development comprising two commercial premises at ground floor, 17 apartments and two levels of basement car parking for 25 cars and 8 bicycles, is granted, subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL: residential apartment development – residential flat building – compliance with the National Construction Code – performance solution for fire egress Legislation Cited: Architects Act 2003 Burwood Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) State Environmental Planning Policy No 65 – Design Quality in Residential Apartment Development Texts Cited: Apartment Design Guide Burwood Development Control Plan 2013 National Construction Code Category: Principal judgment Parties: Ghazi Al Ali Architect P/L (Applicant) Burwood Council (Respondent) Representation: Counsel: Y Koprivnjak (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)