Tannous v Burwood Council [2015] NSWLEC 1445

Tannous v Burwood Council [2015] NSWLEC 1445

The appeal is allowed and the development application can be approved subject to conditions, including increased setbacks to the upper levels to address impact on the Camphor Laurel tree and amended plans to incorporate agreed changes; proposal generally complies with planning controls subject to flexibility regarding height, setbacks, and landscaping, and residual concerns can be addressed by amendment.

Parties
Applicant: Charbel Tannous; Respondent: Burwood Council; Intervener: Sydney Trains
Jurisdiction
Australia
Judgment Date
23 July 2015
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Development Application
Outcome
Appeal upheld subject to further directions for amended plans and conditions; conditional approval to be finalised upon agreement on revised plans and conditions.
Legal Topics
Development Application, Height Standard, Setback, Amenity, Solar Access, Landscaping, Tree Protection, Residential Flat Building, Concurrence of Sydney Trains
Planning and Environment Law Development Application Height Standard Setback Amenity Solar Access Landscaping Tree Protection +2 more

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Parties

Charbel Tannous

Applicant

Burwood Council

Respondent

Sydney Trains

Intervener

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Development Application

Legal Issues

  1. 1 Whether the development should be approved despite non-compliance with height standard
  2. 2 Adequacy of building setbacks and separation
  3. 3 Adequacy of landscaping and communal open space

Ratio Decidendi

The appeal is allowed and the development application can be approved subject to conditions, including increased setbacks to the upper levels to address impact on the Camphor Laurel tree and amended plans to incorporate agreed changes; proposal generally complies with planning controls subject to flexibility regarding height, setbacks, and landscaping, and residual concerns can be addressed by amendment.

Court Disposition

Appeal upheld subject to further directions for amended plans and conditions; conditional approval to be finalised upon agreement on revised plans and conditions.

Orders

  • Applicant to serve amended plans by 6 August 2015
  • Council to serve amended conditions by 13 August 2015