Abediasi v Council of the City of Ryde [2010] NSWLEC 1061

Land and Environment Court of New South Wales

CITATION : Abediasi v Council of the City of Ryde [2010] NSWLEC 1061

APPLICANT Saeid Abediasi PARTIES : RESPONDENT Council of the City of Ryde

FILE NUMBER(S) : 10898 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of two existing dwelling houses and the construction of seven villa homes and the strata title subdivision - traffic safety - 2-storey buildings - site coverage - encroachment into the side setback - garbage bin location

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

DATES OF HEARING: 22 February 2010

EX TEMPORE JUDGMENT DATE : 22 February 2010

APPLICANT Mr M Staunton, barrister SOLICITORS Neil Lawson & Co LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor SOLICITORS Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

22 February 2010

10898 of 2009 Saeid Abediasi v Council of the City of Ryde

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by the Council of the City of Ryde (the council) of DA 2009/224 for the demolition of two existing dwelling houses and the construction of seven villa homes and the strata title subdivision of the new homes at 167 North Road and 4 and 4A Ferrabetta Avenue, Eastwood (the site). The site 2 The site is Lot 1 in DP 503472 and Lots 21 and 22 in DP 1081450. The total area of the site is 2,189.4 sq m, with a frontage of 35.425 m to North Road and 44.805 m to Ferrabetta Avenue. The site contains a dwelling on 167 North Road and a dwelling on 4 Ferrabetta Avenue. The site has a gentle slope to its north-eastern corner and contains no significant vegetation. 3 The locality contains mainly single detached dwellings although on the opposite corner of North Road and Ferrabetta Avenue is a recently constructed villa development of three dwellings.