Balestriere v Council of the City of Ryde [2021] NSWLEC 1600

Land and Environment Court New South Wales

Medium Neutral Citation: Balestriere v Council of the City of Ryde [2021] NSWLEC 1600 Hearing dates: 30 September and 1 October 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to LDA2020/0327 seeking development consent for partial demolition, alterations and additions to the existing dwelling at 64 Pellisier Road, Putney subject to conditions of consent at Annexure 'A'. (3) The exhibits are returned with the exception of 2, A and B. Catchwords: DEVELOPMENT APPLICATION – dwelling house – alterations and additions – view loss – heritage conservation Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34AA Ryde Local Environmental Plan 2014 cll 5.10, 6.1, 6.2, 6.4 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Cases Cited: Quarantine Investments Co Pty Ltd v Manly Council [2013] NSWLEC 1222 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: City of Ryde Development Control Plan 2014 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: James Balestriere (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) F Berglund (Respondent)