NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tyson v Ryde CC [2005] NSWLEC 473
APPLICANT Colin Michael Tyson
PARTIES : RESPONDENT Ryde City Council
FILE NUMBER(S) : 11037 of 2004
CORAM: Murrell C
Development Application :- Construction of 4 villas - Landscaping - Streetscape - Carparking - Driveway - Design - Threatened Species - impact on adjoining residences and impact on riparian zone - Bushfire requirments. KEY ISSUES:
Environmental Planning and Assessment Act 1979 Ryde Planning Scheme Ordinance LEGISLATION CITED: Threatened Species Conservation Act Foreshores and Rivers Act
Plumb v Penrith City Council [2005] NSWLEC 223; CASES CITED: BGP Properties P/L v Lake Macquarie City Council [2004] NSWLEC 399
DATES OF HEARING: 22/02/2005 , 2/06/2005 EX TEMPORE JUDGMENT DATE : 08/19/2005
APPLICANT Mr A. M. Pickles, barrister instructed by B T Goldsmith Planning
LEGAL REPRESENTATIVES: RESPONDENT Mr T. Robinson, SC with Ms S. Duggan, barrister Instructed by Ms J. Smith of Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
19 August 2005
11037 of 2004 Colin Michael Tyson v Ryde City Council
JUDGMENT 1 This judgment is for an appeal under s 97 of the Environmental Planning and Assessment Act against Ryde City Council's refusal of a development application for the erection of four villas on the property known as No. 6 Stratford Avenue, Denistone. The site has an area of approximately 1390 sq m, 20 m in width with varying side boundaries of 72 and 60.
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