NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hanna v Council of the City of Ryde [2010] NSWLEC 1094
APPLICANTS John and Sarah Hanna PARTIES : RESPONDENT Council of the City of Ryde
FILE NUMBER(S) : 10115 of 2010
CORAM: Acting Registrar Gray
KEY ISSUES: PRACTICE AND PROCEDURE :- Amendment to development application - New proposal for affordable housing - no jurisdiction to consider new application
LEGISLATION CITED: Environmental Planning and Assessment Act 1989 State Environmental Planning Policy No 70 - Affordable Housing
CASES CITED: Radray Constructions Pty Ltd v Hornsby Shire Council [2006] NSWLEC 155
DATES OF HEARING: 22 April 2010
DATE OF JUDGMENT: 23 April 2010
APPLICANTS Mr Ken Willis, Agent
LEGAL REPRESENTATIVES: RESPONDENT Mr Strati, Solicitor City of Ryde Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Acting Registrar Gray
23 April 2010
10115 of 2010 Hanna v Council of the City of Ryde
JUDGMENT 1 ACTING REGISTRAR: This is an application made by the applicants in the proceedings seeking leave to rely on an amended development application. The substantive application concerns an appeal by the applicant against the refusal by the respondent, the Council of the City of Ryde, of a development application seeking dual occupancy of a duplex located in Eastwood. The original development application also sought approval for demolition of old out buildings and the erection of a new carport together with the construction of a driveway.
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