Hanna & Anor v Council of the City of Ryde [2010] NSWLEC 1103

Land and Environment Court of New South Wales

CITATION : Hanna & Anor v Council of the City of Ryde [2010] NSWLEC 1103

APPLICANT Hanna, John & Sara PARTIES : RESPONDENT Council of the City of Ryde

FILE NUMBER(S) : 10115 of 2010

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Use of dwelling for a duplex; access/parking; drainage;streetscape.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ryde Planning Scheme Ordinance

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

DATES OF HEARING: 4 May 2010

DATE OF JUDGMENT: 7 May 2010

APPLICANT Mr J Hanna (Agent) LEGAL REPRESENTATIVES: RESPONDENT Mr J Strati, Solicitor Council of the City of Ryde

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

7 May 2010

10115 of 2010 John & Sarah Hanna v City of Ryde Council

JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for the use of an existing dwelling at 9 Clive Road, Eastwood as a duplex. It also involves the demolition of existing outbuildings and a shed in the rear yard so as to enable construction of a double carport and associated driveway. 2 The application is similar to another application refused by council and then refused by the Court in Appeal No 10006 of 2009. 3 The issues raised by council are summarised as follows: Insufficient information/detailing has been provided to enable full assessment. Private open space is inadequate. Suitability of the parking and access arrangements. Drainage.