Progress & Properties v Burwood Council [2008] NSWLEC 1178

Progress & Properties v Burwood Council [2008] NSWLEC 1178

By the second day of the hearing all parties were in complete agreement, no matters remained in contention, and the objections did not provide a basis for finding the increased floor space ratio or number of dwellings unreasonable; the Court therefore upheld the appeal and granted consent to the s96 modification subject to conditions.

Jurisdiction
Australia
Judgment Date
15 May 2008
Procedural Posture
Development Application: Application Under S96 of the Environmental Planning and Assessment Act 1979 to Amend a Development Consent / Judgment After Hearing; Appeal Upheld and Consent Granted to the Modification Application
Outcome
Appeal upheld; consent granted to the s96 modification application subject to conditions in Annexure A.
Legal Topics
['modification of Development Consent' 'mixed Use Development' 'floor Space Ratio' 'urban Design' 'burwood Town Centre Planning Panel']
['planning and Environment Law'] ['modification of Development Consent' 'mixed Use Development' 'floor Space Ratio' 'urban Design' 'burwood Town Centre Planning Panel']

Case Brief

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Procedural Posture

Development Application: Application Under S96 of the Environmental Planning and Assessment Act 1979 to Amend a Development Consent / Judgment After Hearing; Appeal Upheld and Consent Granted to the Modification Application

Legal Issues

  1. 1 ["Whether consent should be granted to amend the Court's 13 November 2006 consent for a mixed-use development at 1 Railway Parade Burwood." 'Whether the proposed increased floor space ratio and number of dwellings were unreasonable.' 'Whether the height and separation of the shoulders, alignment with Wynne Avenue, and use of the lowest residential apartment level remained matters in contention.']

Ratio Decidendi

By the second day of the hearing all parties were in complete agreement, no matters remained in contention, and the objections did not provide a basis for finding the increased floor space ratio or number of dwellings unreasonable; the Court therefore upheld the appeal and granted consent to the s96 modification subject to conditions.

Court Disposition

Appeal upheld; consent granted to the s96 modification application subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Consent is granted to the application under s96 of the Environmental Planning and Assessment Act 1979 to amend the consent, granted by this Court on 13 November 2006, to construct a mixed-use development consisting of dwellings, shops and commercial suites on lots 14 and 15 DP 749949, known...