Needs & Anor v City of Ryde Council [2009] NSWLEC 1133

Land and Environment Court of New South Wales

CITATION : Needs & Anor v City of Ryde Council [2009] NSWLEC 1133

APPLICANT Needs, Justin & Browne, Alison PARTIES : RESPONDENT City of Ryde Council

FILE NUMBER(S) : 10016 of 2009

CORAM: Murrell C

KEY ISSUES: DEVELOPMENT APPLICATION :- Demolition of existing building & erection of a new dwelling, overlooking of adjoining properties.

LEGISLATION CITED: City of Ryde Council Development Control Plan 2006 City of Ryde Council Development Control Plan 2008

DATES OF HEARING: 22 April 2009

EX TEMPORE JUDGMENT DATE : 22 April 2009

APPLICANT Mr M. Staunton, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr J Strati, solicitor for City of Ryde Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

22 April 2009

10016 of 2009 Needs, Justin & Browne, Alison -v- City of Ryde Council

JUDGMENT 1 COMMISSIONER: The applicant in these proceedings is seeking to construct a new dwelling house on the property known as 19 Boulton Street Putney.

2 The applicant proposes to demolish the existing dwelling and out buildings except for the in-ground swimming pool and construct a new dwelling. The new dwelling will consist of three levels; on the lower ground level there will be a storage area, a covered outdoor living area with barbeque area and laundry: on the ground floor there will be a double garage, entry, patio, guest room, study family room kitchen living room and balcony at the rear of the building: and on the first floor the bedrooms are located that is the master bedroom suite and three other bedrooms. To accommodate the lower ground level it is proposed to excavate about 1.8 m below the natural ground level at the rear of the property to accommodate the outdoor deck and under croft storage laundry area adjoining.