Navarra v Ryde City Council [2006] NSWLEC 275

Land and Environment Court of New South Wales

CITATION : Navarra v Ryde City Council [2006] NSWLEC 275

Applicant: Filippo Navarra PARTIES : Respondent: Ryde City Council

FILE NUMBER(S) : 10018 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- heritage impact

DATES OF HEARING: 22/05/2006, 23/05/2006, 16/06/2006 and 05/07/2006

DATE OF JUDGMENT: 08/17/2006

Applicant: LEGAL REPRESENTATIVES: Mr C McEwen, SC instructed by Mr M Staunton of Staunton Beattie Respondent: Mr A Pickles, barrister instructed by Mr B Tobin of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

17 August 2006

10018 of 2006 Filippo Navarra v Ryde City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Ryde City Council (the council) of a development application to construct a new ballroom and a two-storey car park with ancillary works in the grounds of Curzon Hall, lot 1 DP 703569, known as 53 Agincourt Road, Marsfield.

The site 2 The site is just under a hectare, located at the corner of Balaclava and Agincourt Roads. It was originally a much larger estate; however the greater part of the site has now been developed for retirement homes to the east and south. Standing on the site is Curzon Hall, an old private mansion, which now functions as an events venue.

The proposal and its history 3 The applicant proposes to erect a ballroom and a two-level carpark on the site and undertake landscaping and ancillary work. 4 In 1983 the council granted consent for the use of the site as a reception centre. The applicant lodged the subject application to extend the floor space available for functions in September 2004. Following negotiations, the applicant submitted amended plans in October 2005. The council referred these to the NSW Heritage Office for comment. The Heritage Office notified the council that it supported the proposal. In December 2005 the council considered a report by its planning staff recommending refusal. The council accepted the recommendation and refused the application. The applicant lodged the appeal in January 2006.