Alam v Burwood Council [2023] NSWLEC 1180

Alam v Burwood Council [2023] NSWLEC 1180

The appeal is upheld and the terms of the Development Control Order are modified to allow reconstruction of the heritage item in accordance with the parties’ agreement, as the parties’ decision is one the Court could have made in the proper exercise of its functions under relevant statutes.

Parties
Applicant: Radwan Alam; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Class 1 Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld and Development Control Order modified
Legal Topics
Development Control Order, Heritage Conservation, Modification of Orders
Planning Law Environmental Law Development Control Order Heritage Conservation Modification of Orders

Case Brief

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Parties

Radwan Alam

Applicant

Burwood Council

Respondent

Procedural Posture

Class 1 Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether Order should be modified given unauthorised works on heritage-listed item
  2. 2 Whether the appeal against the Development Control Order should be upheld

Ratio Decidendi

The appeal is upheld and the terms of the Development Control Order are modified to allow reconstruction of the heritage item in accordance with the parties’ agreement, as the parties’ decision is one the Court could have made in the proper exercise of its functions under relevant statutes.

Court Disposition

Appeal upheld and Development Control Order modified

Orders

  • The appeal is upheld.
  • Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Court modifies the terms of the Development Control Order, General Order No 10, issued to the Applicant on 27 April 2023 by the Respondent in relation to 48 Fitzroy Street, Burwood, as set out at Annexure A.