Grodzicky v Ryde City Council [2005] NSWLEC 293

Land and Environment Court of New South Wales

CITATION : Grodzicky v Ryde City Council [2005] NSWLEC 293

APPLICANT Mark Grodzicky

PARTIES : RESPONDENT Ryde City Council

FILE NUMBER(S) : 10001 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Visual impacts from waterway - neighbour amenity - boatshed - outbuilding

Ryde Planning Scheme 1979 State Environmental Planning Policy 56 - Sydney Harbour and Foreshores LEGISLATION CITED: Sydney Regional Environmental Plan 22 - Parramatta River Parramatta River and Sydney Harbour Development Control Plan Ryde Development Control Plan 17A - Dwelling Houses and Duplex Buildings

DATES OF HEARING: 29/04/2005

DATE OF JUDGMENT: 06/03/2005

APPLICANT Mr S Klinger, solicitor

RESPONDENT LEGAL REPRESENTATIVES: Mr P Clay, barrister SOLICITORS Pike Pike & Fenwick

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

3 June 2005

10001 of 2005 Mark Grodzicky v Ryde City Council

JUDGMENT

1 This appeal relates to development application No. 796/2003 which is for a partly single, partly two-level building containing a rumpus room and a boat storage area together with decks and an attached swimming pool at 60 Pellisier Road, Putney. There is a detached dwelling house on the site and the proposed building is detached from this house. A large Port Jackson fig tree ("the fig tree") on the site is to be retained. 2 The site has an area of 1,111 sq m including a 7.83 m wide element of 369 sq m that extends down to Morrison's Bay in the Parramatta River ("the waterway"). It is in the fairly steep area of this part of the site where the proposal is to be located. 3 The proposed building is to be set back 25 m from Morrison's Bay (the eastern boundary), 1.5 m from the northern side boundary and 2.3 m from the southern side boundary. Landscaping is to be provided in these setback areas.