Wllis v City of Ryde Council [2009] NSWLEC 1106

Land and Environment Court of New South Wales

CITATION : Wllis v City of Ryde Council [2009] NSWLEC 1106

FILE NUMBER(S) : 11134, 11135 and 11136 of 2008

CORAM: Moore SC

APPEAL - BUILDING CERTIFICATE :- KEY ISSUES: Demolition order Order to cease prohibited use

LEGISLATION CITED: Ryde Planning Scheme Ordinance

DATES OF HEARING: 17 March 2009

EX TEMPORE JUDGMENT DATE : 17 March 2009

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr J Strati, solicitor City of Ryde Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

17 March 2009

08/11134 - KEN WILLIS v CITY OF RYDE COUNCIL 08/11135 - KEN WILLIS v CITY OF RYDE COUNCIL 08/11136 - KEN WILLIS v CITY OF RYDE COUNCIL

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: The first application (08/11134) of the three matters that are before the Court seeks a building certificate for premises at 59 Anzac Avenue, West Ryde, upon which a number of elements have been constructed without council approval.

2 The second application (08/11135) is an appeal against an order issued by Ryde City Council ordering the owner of the premises, who is represented by Mr Willis as her agent in these proceedings, to cease using the premises as a boarding house; that being a use prohibited in the relevant zone by virtue of the zoning table in the Ryde Planning Scheme Ordinance.