Zufferey v City of Ryde Council [2008] NSWLEC 1479

Land and Environment Court of New South Wales

CITATION : Zufferey v City of Ryde Council [2008] NSWLEC 1479

APPLICANT Camille Zufferey PARTIES : RESPONDENT City of Ryde Council

FILE NUMBER(S) : 10490 of 2008

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of two existing dwellings and the construction of housing for seniors or people with a disability - solar access - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004

DATES OF HEARING: 13/11/08

EX TEMPORE JUDGMENT DATE : 13 November 2008

APPLICANT Mr J Cole, solicitor SOLICITORS HWL Ebsworth LEGAL REPRESENTATIVES: RESPONDENT Mr J Strati, solicitor SOLICITORS City of Ryde Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

13 November 2008

10490 of 2008 Camille Zufferey v City of Ryde Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application Number 82/2008 by the City of Ryde Council (the council) for the demolition of two existing dwellings and the construction of housing for seniors or people with a disability at 12A, 12B and 14 Marlow Avenue, Denistone (the site). The site 2 The area of the site is 2241 sq m with a frontage of 18.29 m to Marlow Avenue. The site slopes down to the western corner to a natural watercourse that forms the rear boundary. There is a slope from the street to the rear of some 14 m. The natural topography has been substantially altered in the past, in particular with a levelled area within 12B Marlow Avenue. 3 The site contains two dwellings, one each on 12A and 14 Marlow Avenue and a number of retaining structures. A number of tree and shrubs are located predominantly along the rear boundary.