Falamaki v Council of the City of Ryde [2020] NSWLEC 1636

Land and Environment Court New South Wales

Medium Neutral Citation: Falamaki v Council of the City of Ryde [2020] NSWLEC 1636 Hearing dates: 15 October 2020 Date of orders: 23 December 2020 Decision date: 11 December 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the applicant to amend the development application to rely on the plans and documents referred to in condition 1 of Annexure A. (2) The appeal is upheld. (3) Development consent is granted for the change of use and carrying out of internal alterations and landscaping for the purpose of an attached dual occupancy at 153 Coxs Road, North Ryde, with the dedication of one of the dwellings that comprise the dual occupancy as affordable housing pursuant to cl 17 of the State Environmental Planning Policy (Affordable Rental Housing) 2009, and subject to the conditions of development consent in Annexure A. Catchwords: APPEAL – change of use and internal alterations for purpose of dual occupancy – dwelling approved as complying development – application made for affordable housing pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 – breach of minimum road frontage for dual occupancy developments – adequacy of cl 4.6 request – whether compatible with character of local area – breach of local planning controls for setbacks and hardstand areas – public interest in allowing the development Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 7.11, 8.7 Land and Environment Court Act 1979 s 34AA Ryde Local Environmental Plan 2014 cll 4.1B, 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 3, 8, 10(2), 13, 14, 16A State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Amine, Mouhamad v Bankstown City Council [2014] NSWLEC 1188 Clearcut Homes Pty Ltd v City of Ryde Council [2020] NSWLEC 1249 Falamaki v Council of the City of Ryde [2019] NSWLEC 1007 Jiang v City of Ryde Council [2020] NSWLEC 1378 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Segal v Waverley Council (2005) 64 NSWLR 177; [2005] NSWCA 310 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: City of Ryde Section 7.11 Development Contributions Plan 2020 Ryde Development Control Plan 2014 Category: Principal judgment Parties: Sajjad Falamaki (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: R White (Applicant) F Berglund (Respondent)