Burwood building site alleged to have no legal planning permission
A Burwood construction site set to house a 25-storey unit block but shut down on the orders of a judge, is allegedly being built without a legal development application.
NSW
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The site of a 25-storey apartment building in Sydney’s west, shut down last month on the orders of a judge, does not have planning approval and the building work is illegal, the owner of a neighbouring property has alleged in a new court claim.
According to documents lodged at the Land and Environment Court yesterday by Omaya Investments Pty Ltd, the original development approval for the site in Burwood lapsed in 2018, negating any subsequent approvals.
That approval was granted to Sky Profit Properties Ltd in 2013, which sold the site after two partners in the venture fell out. Sky Profit applied for a six-month extension last year, but was refused.
According to a notice of motion filed yesterday, it is alleged that TQM Design & Construct Pty Ltd built a tower crane base at George St, Burwood, directly behind the site, including installing two 12m-deep piers and a concrete crane base, without permission.
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It further alleges that Dean Street Holdings Pty Ltd, owned by Mark Taouk, and TQM, owned by his brother Maroun Taouk, “carried out development … without consent, in that the first development consent had lapsed” on the main building site in Marmaduke St.
Justice Timothy Moore issued an order shutting down the site last month following the evidence of certifier Maurice Freixas and Maroun Taouk in the Land and Environment Court. Mr Freixas was referred to the Building Professionals Board, which regulates certifiers, over his certification, and Maroun Taouk was referred to the Office for State Revenue over a $13m difference in the officially-declared purchase price for the site and one he revealed in court — which would have attracted a higher rate of stamp duty.
The notice of motion is seeking Dean Street Holdings and TQM be prevented from carrying out further works at the site and the construction certificate be declared invalid, as well as a declaration that all work carried out in “purported compliance with CC1 is and was unlawful”.
Maroun Taouk did not wish to talk about the case. He said yesterday: “It’s before the courts. I can’t comment.”
The application will be heard in the Land and Environment Court today (Friday).