Tian v Burwood Council

Land and Environment Court New South Wales Medium Neutral Citation: Tian v Burwood Council [2015] NSWLEC 1480 Hearing dates:10 November 2015Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: boarding house Legislation Cited: Burwood Local Environmental Plan 2012; State Environmental Planning Policy Affordable Rental Housing 2009; Environmental Planning and Assessment Act 1979 Cases Cited: New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Texts Cited: Burwood Development Control Plan 2013 Category:Principal judgmentParties: Philip Tian (Applicant)   Burwood Council (Respondent) Representation: Solicitors:   Ms J Wauchope Gadens (Applicant)   Mr T O’Connor Houston Dearn O’Connor (Respondent) File Number(s):10502 of 2015Judgment Mr Tian lodged Development Application No 136/2014 with Burwood Council on 10 September 2014 seeking consent to demolish the single storey dwelling house at 7B Church Street and the two storey dwelling at 9 Church Street Burwood (with the exception to the street front tower development) and construct a two storey boarding house with basement parking. The application had not been determined within the prescribed period and Mr Tian is appealing its deemed refusal. Through the preparation of amended plans, all of the Council’s contentions in the case, other than the issues raised by the public in submissions it received, have been resolved. The site and the locality The site comprises three adjoining allotments with a combined frontage of 27.34m to Church Street and a stepped rear boundary. It is known as Nos 7B and 9 Church Street...