Falamaki v Council of the City of Ryde [2022] NSWLEC 1601

Land and Environment Court New South Wales

Medium Neutral Citation: Falamaki v Council of the City of Ryde [2022] NSWLEC 1601 Hearing dates: 19 October 2022 Date of orders: 1 November 2022 Decision date: 01 November 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) A deferred commencement development consent is granted to development application No LDA2021/0407 for internal alterations to an existing building and associated change in use to a dual occupancy (attached) 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, together with Torrens title subdivision into two lots, at 5 Cooney Street, North Ryde, subject to the conditions of consent in Annexure A. (3) Exhibits A and B are retained, and Exhibits 1-5 and C are returned. Catchwords: APPEAL – development application – internal alterations and change of use to dual occupancy – contentions resolved – deferred commencement consent Legislation Cited: Environmental Planning and Assessment Act 1979 ss 1.4, 4.15, 4.16, 6.4, 6.25, 6.26, 8.7 Environmental Planning and Assessment Regulation 2000, Sch 1 Land and Environment Court Act 1979 s 34AA Ryde Local Environmental Plan 2014 cl 6.4 State Environmental Planning Policy (Affordable Rental Housing) 2009 Pt 2, Div 1, cll 10, 13, 14, 15, 16A, 17, 18 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Pts 2A, 3, cll 2A.1, 2A.3 Cases Cited: F Hannan Pty Ltd v Electricity Commission of NSW [No 3] (1985) 66 LGRA 306 Texts Cited: Ryde Development Control Plan 2014 NSW Department of Planning, Seniors Living Policy: Urban Design Guidelines for Infill Development 2004 Category: Principal judgment Parties: Sajjad Falamaki (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: R White (Applicant) S Berveling (Respondent)