Zhang v Council of the City of Ryde

Land and Environment Court New South Wales Medium Neutral Citation: Zhang and anor v Council of the City of Ryde [2016] NSWLEC 1179 Hearing dates:11 April 2016Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is upheld.2. Development Application No. LDA/2015/0193 for the demolition of all existing improvements and the construction of an in-fill affordable housing development at 492 Blaxland Road, Denistone is approved subject to the conditions in Annexure A.3. The exhibits are returned with the exception of 1 and A. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and the construction of a four dwelling in-fill affordable housing development – whether site located in “accessible area” – whether compatible with the character of the local area - whether cl 4.6 written objection to height and density acceptable Legislation Cited: Environmental Planning and Assessment Act 1979 Ryde 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 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Category:Principal judgmentParties: John Zhang (First Applicant) Dan Wang (Second Applicant)   Council of the City of Ryde (Respondent) Representation: Counsel: Mr G McKee, solicitor (Applicants) Ms F Bergland, barrister (Respondent)   Solicitors: McKees Legal Solutions (Applicants) Council of the City of Ryde (Respondent) File Number(s):10942 of 2015Publication restriction:NoJudgment COMMISSIONER: This appeal relates to an appeal against the deemed...