Ball Avenue Pty Limited v City of Ryde [2010] NSWLEC 1057

Land and Environment Court of New South Wales

CITATION : Ball Avenue Pty Limited v City of Ryde [2010] NSWLEC 1057

APPLICANT Ball Avenue Pty Limited PARTIES : RESPONDENT City of Ryde

FILE NUMBER(S) : 10136 of 2009

CORAM: Moore SC

KEY ISSUES: CONSENT ORDERS - DEVELOPMENT APPLICATION - THREATENED SPECIES :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 29 October, 3 and 17 December 2009 and 12 January 2010

EX TEMPORE JUDGMENT DATE : 12 January 2010

APPLICANT Mr A Pickles, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: HWL Ebsworth

RESPONDENT Mr J Strati, solicitor City of Ryde

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

12 January 2010

09/10136 Ball Avenue Pty Limited v City of Ryde JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: In this matter, an initial hearing took place on site on 29 October during the course of which I heard evidence given informally by a number of resident objectors to the then proposed residential flat building proposed for the site. The site is one located at 20-22 Ball Avenue, Eastwood, and it is a site that has a frontage to a local stormwater channel and has, at the ends of the site, remnants of Blue Gum High Forest. The primary objections that were raised by the objectors related to the retention of the trees on the site, although there were other issues raised including concerns about traffic and parking.