Zhang v City of Ryde Council

Land and Environment Court New South Wales Medium Neutral Citation: Zhang v City of Ryde Council [2015] NSWLEC 1091 Hearing dates:26 February 2015Decision date: 08 April 2015 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is dismissed.2. Development Application No. LDA/2014/0220 for the demolition of all existing improvements and the construction of an in-fill affordable housing development at 492 Blaxland Road, Denistone is refused.3. The exhibits are returned with the exception of exhibit 1.4. The Court notes the applicant’s agreement to the payment of $2000 for s 97B costs. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and the construction of an in-fill affordable housing development – whether inconsistency between LEP and SEPP controls - whether compatible with character of the local area Legislation Cited: Environmental Planning and Assessment Act 1979 Ryde Development Control Plan 2010 Ryde Local Environmental Plan 2010 Local Environmental Plan 2014 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Peninsula Development Australia Pty Limited v Pittwater Council [2011] NSWLEC 1244 Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Succar v Bankstown City Council [2012] NSWLEC 1255 Category:Principal judgmentParties: John Zhang (Applicant) City of Ryde Council (Respondent) Representation: Counsel: Mr G McKee, Solicitor (Applicant) Ms F Berglund, Barrister (Respondent) Solicitors: McKees Legal Solutions (Applicant) City of Ryde Council (Respondent) File Number(s):10713 of 2014Judgment COMMISSIONER: This appeal relates to an appeal against the deemed refusal of Development Application No. LDA/2014/0220 for the demolition of all existing improvements and the construction of an in-fill...