Crown Atlantis Joint Venture v Ryde City Council [2005] NSWLEC 54

Land and Environment Court of New South Wales

CITATION : Crown Atlantis Joint Venture v Ryde City Council [2005] NSWLEC 54

APPLICANT Crown Atlantis Joint Venture

PARTIES : RESPONDENT Ryde City Council

FILE NUMBER(S) : 10963 of 2004

CORAM: Bly C

Development Application :- Application of development control plan - bulk and scale - character - streetscape - location. KEY ISSUES:

Ryde Planning Scheme Ordinance 1979 LEGISLATION CITED: Local Environmental Plan No 110 Development Control Plan No 39

DATES OF HEARING: 16/12/04-17/12/04

DATE OF JUDGMENT: 02/18/2005

APPLICANT Mr J Webster, SC Instructed by Mrs M Peatman of Hunt & Hunt

LEGAL REPRESENTATIVES:

RESPONDENT Mr P Clay, barrister Instructed by Ms J Walsh of Pike Pike & Fenwick

JUDGMENT: - 11 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

18 February 2005

10963 of 2004 Crown Atlantis Joint Venture v Ryde City Council

JUDGMENT

Introduction 1 This appeal relates to Development Application No. LDA 953/2003, which is for the erection of a mixed residential and commercial development at 7-9 Rutledge St, Eastwood, being within the Eastwood Town Centre. 2 The proposed ten-storey building includes a residential flat building, commercial/retail premises plus three levels of basement car parking. Strata subdivision is also proposed. More particularly the building is to contain 62 dwellings, 593 sq m of commercial/retail floor space and parking for 115 vehicles. Recreational facilities including a swimming pool and gymnasium are to be provided. 3 The site, which comprises part Lot 23 in DP 4231 and Lot 24 in DP 653568, is located on the north-east corner of the intersection of Rutledge and Trelawney Streets. It has a 41 m frontage to Rutledge Street, a 47 m frontage to Trelawney Street and an area of 1974 sq m. It slopes away from Rutledge Street towards the north. 4 The site is located on the southern periphery of the Eastwood Town Centre ("the town centre"). Adjoining development consists of the Eastwood shopping centre and a vacant retail premises to the east. The adjoining buildings to the north comprise two-storey retail and commercial buildings and the heritage listed Eastwood Masonic Lodge to the north-east. There is a service station and the Eastwood Public School to the west of the site on the opposite side of Trelawney Street 5 To the south, on the opposite side of Rutledge Street single storey residential dwellings are the predominant form of development. Many of these properties are affected by an RTA road reservation to widen Rutledge Street although there are no immediate plans for any road works.