Clearcut Homes Pty Ltd v City of Ryde Council [2020] NSWLEC 1249

Land and Environment Court New South Wales

Medium Neutral Citation: Clearcut Homes Pty Ltd v City of Ryde Council [2020] NSWLEC 1249 Hearing dates: 22 May 2020 Date of orders: 09 June 2020 Decision date: 09 June 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the demolition of existing structures and the construction of a dual occupancy (attached) at 43 Thompson Street, Gladesville, subject to the conditions of consent in Annexure A. (3) Exhibits 1 and 2 are returned. Catchwords: APPEAL – development application – dual occupancy (attached) – non-compliance with road frontage development standard – whether cl 4.6 request adequate Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Ryde Local Environmental Plan 2014 Cases Cited: Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379; [2006] NSWCA 155 Fastbuck$ v Byron Shire Council (1999) 103 LGERA 94; [1999] NSWCA 19 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Texts Cited: Ryde Development Control Plan 2014 Category: Principal judgment Parties: Clearcut Homes Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) F Berglund (Respondent)