Ghazi Al Ali Architects Pty Ltd v City of Ryde Council [2022] NSWLEC 1645

Land and Environment Court New South Wales

Medium Neutral Citation: Ghazi Al Ali Architects Pty Ltd v City of Ryde Council [2022] NSWLEC 1645 Hearing dates: 21 and 22 July 2022 Date of orders: 22 November 2022 Decision date: 22 November 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The written request pursuant to clause 4.6 of the Ryde Local Environmental Plan 2014 to justify the contravention of the height of building development standard is upheld. (2) The appeal is upheld. (3) Development application no LDA 2021/0285 seeking development consent for the demolition of existing structures and the construction of a boarding house at 85 and 87 Anzac Avenue, West Ryde, legally described as Lots 27 and 28 in DP 10102, is determined by granting consent to the application subject to the conditions in Annexure A. (4) All Exhibits are retained. Catchwords: DEVELOPMENT APPEAL – boarding house – acoustic impacts on amenity of adjoining neighbours - orders Legislation Cited: Environmental Planning and Assessment Act 1979, Pt 4, ss 4.15, 4.16, 8.7 Interpretation Act 1987, s 30A Local Land Services Act 2013, s60O Protection of the Environment Operations Act 1997, Pt 8.6 Ryde Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 5.21, 6.1, 6.2, 6.4 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30 State Environmental Planning Policy (Biodiversity & Conservation) 2021, Ch 2, s 2.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, s 2 of Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Environmental Planning Policy No. 55 – Remediation of Land, cl 7 Cases Cited: Baker Kavanagh Architects v Waverley Council [2004] NSWLEC 542 Freedom Development Group v Willoughby City Council [2020] NSWLEC 1037 Wehbe v Pittwater Council [2007] NSWLEC 827 Zhang v Canterbury City Council (2001) 51 NSWLR 589 Texts Cited: Australian Building Codes Board, Building Code of Australia (1988) NSW Environmental Protection Agency, Noise Policy for Industry (2017) NSW Environmental Protection Agency, Noise Guide for Local Government (2013) Ryde Development Control Plan 2014 Category: Principal judgment Parties: Ghazi Al Ali Architects Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: T To (Applicant) Dr S Berveling (Respondent)