TFR Pty Ltd trading as Design Workshop Australia v Burwood Council [2019] NSWLEC 1447

TFR Pty Ltd trading as Design Workshop Australia v Burwood Council [2019] NSWLEC 1447

The Court approved the parties’ agreement to grant conditional consent to the construction of a five-storey boarding house, upholding a written request to vary the height of buildings standard under clause 4.6 of the Burwood LEP, as the variation was justified on planning grounds and the development was otherwise compatible with the local character and consistent with planning objectives.

Parties
Applicant: TFR Pty Ltd trading as Design Workshop Australia; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Development Appeal (class 1) / Post Conciliation, Final Orders Made
Outcome
Appeal upheld; development consent granted subject to conditions and costs order made against the applicant.
Legal Topics
Development Application, Boarding Houses, Height of Buildings Variation, Affordable Rental Housing, Conciliation Conference, Consent Orders
Planning Law Environmental Law Administrative Law Development Application Boarding Houses Height of Buildings Variation Affordable Rental Housing Conciliation Conference +1 more

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Parties

TFR Pty Ltd trading as Design Workshop Australia

Applicant

Burwood Council

Respondent

Procedural Posture

Development Appeal (class 1) / Post Conciliation, Final Orders Made

Legal Issues

  1. 1 Whether development application for a boarding house at 40-46 Stanley Street, Burwood should be approved
  2. 2 Whether the height of buildings development standard in clause 4.3 of the Burwood Local Environmental Plan 2012 should be varied under clause 4.6
  3. 3 Whether the amended plans meet requirements for consent under relevant planning instruments

Ratio Decidendi

The Court approved the parties’ agreement to grant conditional consent to the construction of a five-storey boarding house, upholding a written request to vary the height of buildings standard under clause 4.6 of the Burwood LEP, as the variation was justified on planning grounds and the development was otherwise compatible with the local character and consistent with planning objectives.

Court Disposition

Appeal upheld; development consent granted subject to conditions and costs order made against the applicant.

Orders

  • Leave is granted to the Applicant to rely upon the amended plans and documents listed in condition 1 of Annexure 'A'.
  • The Applicant is to pay the Respondent's costs thrown away in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $12,500.