Opm Works Pty Limited v Burwood Council

Land and Environment Court New South Wales Medium Neutral Citation: OPM Works Pty Limited v Burwood Council [2015] NSWLEC 1166 Hearing dates:6 May 2015Decision date: 19 May 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: Residential flat building, issues raised by objectors Legislation Cited: Land and Environment Court Act 1979; Environmental Planning and Assessment Act 1979; Burwood Local Environmental Plan 2012; 24   State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Texts Cited: Burwood Development Control Plan; Residential Flat Design Code Category:Principal judgmentParties: OPM Works Pty Limited (Applicant) Burwood Council (Respondent) Representation: Solicitors: Mr A Hudson, Wilshire Webb Staunton Beattie Ms K Law, Matthews Folbigg Pty Ltd File Number(s):10745 of 2014Judgment OPM Works lodged Development Application 121/2014 with Burwood Council on 5 August 2014 seeking consent for a 9 storey mixed commercial and residential development comprising 4 ground level commercial premises and 27 residential units over 4 basement carparking levels with 36 car parking spaces and internal alterations and retention of a heritage item at Nos 10 and 12 Burwood Road, Burwood. The council had not determined the application within the prescribed period and OPM is appealing its deemed refusal. The applicant has prepared amended plans that address the contentions in the case. The site and locality The site comprises two adjoining allotments, Lots 4 and 5 in DP 771894 known as Nos 10 and 12 Burwood Road, Burwood. The site is dual fronted to Burwood Road (19.2m) and Webbs Lane (19.315m), is...