Lippman v Burwood Council [2008] NSWLEC 1289

Lippman v Burwood Council [2008] NSWLEC 1289

The evidence of the Court-appointed planning expert was accepted, finding the visual impacts were acceptable, the design sufficiently complied with the Code given context, and the roller grille concerns were addressed. The modification meets council's contentions and is therefore approved.

Parties
Applicant: Ed Lippman; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
11 July 2008
Procedural Posture
Application to Modify Consent Under S96(2) Environmental Planning and Assessment Act 1979 / Appeal – Determination of Modification Application
Outcome
Appeal upheld; application to modify consent approved subject to conditions.
Legal Topics
Modification of Development Consent, Section 96 Applications, Educational Establishments, Planning Controls
Planning Law Environmental Law Modification of Development Consent Section 96 Applications Educational Establishments Planning Controls

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Parties

Ed Lippman

Applicant

Burwood Council

Respondent

Procedural Posture

Application to Modify Consent Under S96(2) Environmental Planning and Assessment Act 1979 / Appeal – Determination of Modification Application

Legal Issues

  1. 1 Whether the proposed modification under s96(2) should be approved
  2. 2 Whether the proposal causes unacceptable visual impact on a neighbor
  3. 3 Applicability and relevance of the Single Dwelling House Code to the development

Ratio Decidendi

The evidence of the Court-appointed planning expert was accepted, finding the visual impacts were acceptable, the design sufficiently complied with the Code given context, and the roller grille concerns were addressed. The modification meets council's contentions and is therefore approved.

Court Disposition

Appeal upheld; application to modify consent approved subject to conditions.

Orders

  • The appeal is upheld.
  • The application under s96(2) to modify the consent by moving the entrance to the basement car park from 33 to 31 Britannia Road is approved, subject to the conditions in Annexure A.