Kenny v City of Ryde Council [2007] NSWLEC 338

Land and Environment Court of New South Wales

CITATION : Kenny v City of Ryde Council [2007] NSWLEC 338

APPLICANT Neil Kenny PARTIES : RESPONDENT City of Ryde Council

FILE NUMBER(S) : 10176 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- 2 Storey dwelling over basement - excessive bulk, scale, floor space ratio, excessive excavation

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ryde Planning Scheme Ordinance Consolidated Development Control Plan

DATES OF HEARING: 04/06/2007

EX TEMPORE JUDGMENT DATE : 4 June 2007

APPLICANT Mr A. Sattler, solicitor Sattler and Associates Pty Limited LEGAL REPRESENTATIVES:

RESPONDENT Mr N. Strati, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

4 June 2007

10176 of 2007 Neil Kenny v City of Ryde Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal is against council's refusal of a development application for a relatively large dwelling at 14 Teemer Street, Tennyson Point, which has a proposed floor space ratio (FSR) in the order of 0.71:1. The details of the property, the proposal and planning controls are contained in the statement of basic facts on which I rely.

2 The site is zoned residential 2(a) under the Ryde Planning Scheme Ordinance (RPSO) and the proposal is permissible with the consent of the Council. It is also subject to the provisions of the Consolidated Development Control Plan (DCP), which allows a maximum FSR of 0.5:1.