Yassine Holdings Pty Ltd v Burwood Council (No. 2) [2015] NSWLEC 1188

Yassine Holdings Pty Ltd v Burwood Council (No. 2) [2015] NSWLEC 1188

The appeal is upheld and consent granted for the amended proposal (Revision H Plans) because the development, after changes including deletion of level 5 and revised podium and façade, achieves compatibility with the existing and desired future character of Gordon Street and satisfactorily addresses the impact on the heritage significance of nearby items, under planning controls and heritage objectives.

Parties
Applicant: Yassine Holdings Pty Ltd; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
28 May 2015
Procedural Posture
Appeal Under S 97 of Environmental Planning and Assessment Act 1979 / Final Orders Principal Judgment
Outcome
Appeal upheld; development application approved as amended
Legal Topics
Development Application, Residential Flat Building, Compatibility With Existing and Desired Future Character, Heritage Impact, Draft Local Environmental Plan, Design Quality
Planning and Environment Development Application Residential Flat Building Compatibility With Existing and Desired Future Character Heritage Impact Draft Local Environmental Plan Design Quality

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Parties

Yassine Holdings Pty Ltd

Applicant

Burwood Council

Respondent

Procedural Posture

Appeal Under S 97 of Environmental Planning and Assessment Act 1979 / Final Orders Principal Judgment

Legal Issues

  1. 1 Whether the proposal is compatible with the existing and desired future character of the area
  2. 2 Whether the proposal will adversely affect the significance of the heritage items in the vicinity

Ratio Decidendi

The appeal is upheld and consent granted for the amended proposal (Revision H Plans) because the development, after changes including deletion of level 5 and revised podium and façade, achieves compatibility with the existing and desired future character of Gordon Street and satisfactorily addresses the impact on the heritage significance of nearby items, under planning controls and heritage objectives.

Court Disposition

Appeal upheld; development application approved as amended

Orders

  • The appeal is upheld.
  • The development application (62/2014), as amended in the plans filed on 16 April 2015 (Revision H), for the demolition of the existing dwellings and construction of a 4 storey residential flat building with 16 x 2 bedroom apartments and 20 parking spaces, including four (4) visitor spaces, in two basement levels, at...