Yu v City of Ryde Council [2020] NSWLEC 1423

Land and Environment Court New South Wales

Medium Neutral Citation: Yu v City of Ryde Council [2020] NSWLEC 1423 Hearing dates: Conciliation conference on 10 September 2020 Date of orders: 10 September 2020 Decision date: 10 September 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the following amended plans: (a) DA01 Rev 03 Site Plan; DA 03 Rev 03 Ground Floor Plan; and DA08 Rev 03 South Elevation, Section 02, Section 01 all dated 11/08/20 prepared by SEE Architects; and (b) Site Stormwater Drainage Layout Plan 19008-C01 Rev 2 dated 6.08.20 prepared by A & G Consulting Engineers Pty Ltd. (2) The Applicant's clause 4.6 request prepared by Chapman Planning Pty Ltd dated 7 August 2020 that seeks to justify the contravention of the road frontage width development standard in clause 4.1B(2)(b) of the Ryde Local Environmental Plan 2014 is upheld. (3) The appeal is upheld. (4) Development consent is granted to LDA2019/0188 to demolish the existing building and construct an attached dual occupancy and to strata subdivide that development located at 24 Richmond Street, Denistone East subject to the conditions at Annexure "A". Catchwords: APPEAL – development application – dual occupancy – conciliation conference – breach of minimum site frontage development standard - agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Ryde Local Environmental Plan 2014 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Ryde Development Control Plan 2014 Category: Principal judgment Parties: Yue Yu (Applicant) City of Ryde Council (Respondent) Representation: Counsel: G Christmas (Solicitor) (Applicant) M Chillari (Solicitor) (Respondent)