AJJ Burwood Pty Limited v Burwood Council [2019] NSWLEC 1585

Land and Environment Court New South Wales

Medium Neutral Citation: AJJ Burwood Pty Limited v Burwood Council [2019] NSWLEC 1585 Hearing dates: Conciliation conference on 4 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of Annexure "A". (2) The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $5,000. (3) The clause 4.6 variation request in relation to the height of buildings development standard pursuant to clause 4.3 of Burwood Local Environmental Plan 2012 is upheld. (4) Appeal upheld. (5) Development application DA 10.2018.14.1 for demolition of existing structures and construction of a residential flat building consisting of 19 apartments and associated basement parking at 55A-57 Stanley Street, Burwood is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Burwood Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: AJJ Burwood Pty Limited (Applicant) Burwood Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)