RAD 1 Holdings Pty Ltd v Burwood Council [2018] NSWLEC 1093

RAD 1 Holdings Pty Ltd v Burwood Council [2018] NSWLEC 1093

The amended development application resolves all Council contentions and objections, achieves compliance with relevant planning controls (including height, FSR, parking, and amenity), and is appropriate to its context and the public interest. There is no basis for refusal and the appeal should be allowed, with approval granted subject to conditions.

Parties
Applicant: RAD 1 Holdings Pty Ltd; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Appeal Under Section 97(1) of the Environmental Planning and Assessment Act 1979 (nsw) / Final Determination After Hearing and Conciliation
Outcome
Appeal allowed; development application approved with conditions.
Legal Topics
Development Application, Residential Flat Buildings, Multi Dwelling Housing, Site Isolation, Overshadowing, Heritage Impact, Parking Provisions, Public Interest, Amendment of Plans
Planning and Environment Development Application Residential Flat Buildings Multi Dwelling Housing Site Isolation Overshadowing Heritage Impact Parking Provisions +2 more

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Parties

RAD 1 Holdings Pty Ltd

Applicant

Burwood Council

Respondent

Procedural Posture

Appeal Under Section 97(1) of the Environmental Planning and Assessment Act 1979 (nsw) / Final Determination After Hearing and Conciliation

Legal Issues

  1. 1 Whether amended plans resolve Council contentions relating to context, site isolation, amenity, and public interest
  2. 2 Whether the proposed development is appropriate having regard to planning controls and site constraints
  3. 3 Whether there are adverse amenity or heritage impacts warranting refusal of the application

Ratio Decidendi

The amended development application resolves all Council contentions and objections, achieves compliance with relevant planning controls (including height, FSR, parking, and amenity), and is appropriate to its context and the public interest. There is no basis for refusal and the appeal should be allowed, with approval granted subject to conditions.

Court Disposition

Appeal allowed; development application approved with conditions.

Orders

  • The applicant is granted leave to rely on amended plans.
  • The applicant is to pay the respondent's costs that are thrown away as a result of amending the development application as agreed or assessed under s97B of the Environmental Planning and Assessment Act 1979.