Causebrook & Anor v Ryde City Council [2007] NSWLEC 742

Land and Environment Court of New South Wales

CITATION : Causebrook & Anor v Ryde City Council [2007] NSWLEC 742

APPLICANT Darrel and Margaret Causebrook PARTIES : RESPONDENT Ryde City Council

FILE NUMBER(S) : 10732 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Alterations, solar and privacy impacts on neighbouring properties

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

DATES OF HEARING: 26/10/2007

EX TEMPORE JUDGMENT DATE : 26 October 2007

APPLICANT Ms K. Gerathy, solicitor of Home Wilkinson Lowry LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Stratti, solicitor for Ryde City Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

26 October 2007

10732 of 2007 Causebrook & Anor v Ryde City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 The appeal was lodged against council refusal of a development application for alterations and additions to the ground floor and a rear first floor, together with pergola for a dwelling situated at 42 Trelawney Street, Eastwood.

2 The main reason for the refusal concerned inadequate provision for storm water disposal, considering the land is relatively steep and falls away from the street. The council controls do not allow pumped stormwater discharge systems, particularly in the geotechnical conditions that prevail at this site.