Willis v City of Ryde Council [2009] NSWLEC 1103

Land and Environment Court of New South Wales

CITATION : Willis v City of Ryde Council [2009] NSWLEC 1103

APPLICANT Ken Willis PARTIES : RESPONDENT City of Ryde Council

FILE NUMBER(S) : 10006 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- convert an existing dwelling house to a duplex building - categorisation of use - impact on conservation area - streetscape - car parking - private open space - solar access

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ryde Planning Scheme Ordinance City of Ryde Development Control Plan 2006

DATES OF HEARING: 27/03/09

EX TEMPORE JUDGMENT DATE : 27 March 2009

APPLICANT Mr D Williams, solicitor SOLICITORS Whitehead Cooper Williams LEGAL REPRESENTATIVES: RESPONDENT Mr J Strati, solicitor SOLICITORS City of Ryde Council

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

27 March 2009

10006 of 2009 Ken Willis v City of Ryde Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by the City of Ryde Council (the council) of Local Development Application No. 100/2008 to convert an existing dwelling house to a duplex building at 9 Clive Road, Eastwood (the site).

2 The proceedings were originally to be heard as a Court Hearing however the parties agreed that the proceedings could be conducted as an On Site Hearing. The judgment reflects the relevant parts of the Statement of Facts and Contentions and the reasons given on-site in determining the appeal.