Appian CCC Pty Ltd v Burwood Council [2022] NSWLEC 1619

Appian CCC Pty Ltd v Burwood Council [2022] NSWLEC 1619

The proposed development, subject to conditions, is compatible with the heritage character, complies with supervision and acoustic requirements, and parking provision is acceptable. The appeal is upheld and development consent is granted.

Jurisdiction
Australia
Judgment Date
10 November 2022
Procedural Posture
Appeal / Final Determination
Outcome
Appeal upheld. Development application determined by grant of consent, subject to conditions.
Legal Topics
['development Application' 'heritage Conservation' 'child Care Facilities' 'acoustic Performance' 'parking Requirements']
['planning Law' 'environmental Law'] ['development Application' 'heritage Conservation' 'child Care Facilities' 'acoustic Performance' 'parking Requirements']

Case Brief

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Procedural Posture

Appeal / Final Determination

Legal Issues

  1. 1 ['Whether the proposed development unacceptably impacts the character of the Appian Way Heritage Conservation Area contrary to clause 5.10 of the Burwood Local Environmental Plan 2012' 'Whether the Plan of Management will be complied with' 'Whether acoustic performance is acceptable in accordance with development standards']

Ratio Decidendi

The proposed development, subject to conditions, is compatible with the heritage character, complies with supervision and acoustic requirements, and parking provision is acceptable. The appeal is upheld and development consent is granted.

Court Disposition

Appeal upheld. Development application determined by grant of consent, subject to conditions.

Orders

  • ['The appeal is upheld.' "Development Application DA10.2021.88.1 for alterations and additions to an existing dwelling house and change of use to a centre based child care facility at 18 Appian Way, Burwood, is determined by the grant of consent, subject to conditions of consent at Annexure 'A'." 'All exhibits are...