Gladstone Terrace Development Pty Ltd v Burwood Council

Land and Environment Court New South Wales Medium Neutral Citation: Gladstone Terrace Development Pty Ltd v Burwood Council [2015] NSWLEC 1321 Hearing dates:3 August 2015Date of orders: 11 August 2015 Decision date: 11 August 2015 Jurisdiction:Class 1Before: Brown ASC Decision: 1. The applicant is granted leave to rely on the Revision G amended plans (Exhibit A),2. The applicant pay the respondent's costs thrown away pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the sum of $12,500 within 28 days.3. The appeal is upheld.4. Development Application No. 2014.161 for the construction of a residential development with basement parking at 10 Gladstone Street, Burwood is approved subject to the conditions in Annexure A.5. The exhibits be returned other than Exhibit A Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and the erection of a part 3 and part 5 storey building residential flat building - Original contentions addressed by amended plans – no delegations to enter into a s 34 Agreement or consent orders – resident objections addressed by amended plans Legislation Cited: Burwood Local Environmental Plan 2012 – Amendment 5 Environmental Planning and Assessment Act 1979 Category:Principal judgmentParties: Gladstone Terrace Development Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Ms K Law, solicitor (Respondent)   Solicitors: Hicksons (Applicant) Matthews Folbigg Pty Ltd (Respondent) File Number(s):10030 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application No.2014.161 for the demolition of all existing improvements and the erection of a...