Kool Family Developments Pty Ltd v City of Ryde Council [2023] NSWLEC 1031

Land and Environment Court New South Wales

Medium Neutral Citation: Kool Family Developments Pty Ltd v City of Ryde Council [2023] NSWLEC 1031 Hearing dates: 17 and 18 November 2021, 23, 24 and 25 May 2022, 3 November 2022 Date of orders: 27 January 2023 Decision date: 27 January 2023 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application LDA2020/0247 for the demolition of six existing dwelling houses and the erection of multi dwelling housing on the land described as Lots 8 to 12 (inclusive) DP 6367 and Lot D DP 322336 known as 298–312 Blaxland Rd, Ryde is refused. (3) Exhibits A, E, G, H, 1, 10, 11, 12, 14, 15 and 16 are returned. Exhibits B, C, D, F, 2, 3, 4, 5, 6, 7, 8, 9, 13 and 17 are retained. Catchwords: APPEAL – development application – multi dwelling housing – consistency with zone objectives – whether compatible with character of local area Legislation Cited: Biodiversity Conservation Act 2016 Biodiversity Conservation Regulation 2019, cl 7.1 Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 8.7, 8.11, 8.14 Environmental Planning and Assessment Regulation 2000, cll 3, 49, 55, Sch 1 cl 2A Environmental Planning and Assessment Regulation 2021, Sch 6 Pt 1 s 3 Roads Act 1993, s 138 Ryde Local Environmental Plan 2014, cll 1.8A, 2.3, 4.3, 4.4, 4.4A, 6.2, 6.4 Ryde Local Environmental Plan 2014 (Amendment No 28) State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 13, 15, 16A, 17 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Cases Cited: Al Ali v Canterbury-Bankstown Council [2019] NSWLEC 1115 BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Bulga Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited [2013] NSWLEC 48 Capital Airport Group Pty Ltd v Director-General of the NSW Department of Planning (No 2) [2011] NSWLEC 83 Codling v Central Coast Council [2019] NSWLEC 1158 Fandakis v Canterbury-Bankstown Council [2021] NSWLEC 1166 Jeffrey v Canterbury Bankstown Council (2021) 250 LGERA 340; [2021] NSWLEC 73 Kohler Bros Property Group Pty Ltd v Penrith City Council [2020] NSWLEC 1364 Lizard Apple Pty Ltd v Inner West Council [2019] NSWLEC 1146 Madss Properties No 2 Pty Ltd v Blacktown City Council [2021] NSWLEC 1053 Mison v Randwick Municipal Council (1991) 23 NSWLR 734; 73 LGRA 349 Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Peninsula Development Australia Pty Limited v Pittwater Council [2011] NSWLEC 1244 Steel v Liverpool City Council [2019] NSWLEC 1049 Texts Cited: Low Rise Housing Diversity Design Guide for Complying Development, Department of Planning, Industry and Environment, July 2020 Ryde Development Control Plan 2014 Seniors Living Policy: Urban Design Guidelines for Infill Development, Department of Infrastructure, Planning and Natural Resources, March 2004 Category: Principal judgment Parties: Kool Family Developments Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: R Lancaster SC, T Poisel (Applicant) P W Larkin SC (Respondent)