Pellegrini v Ryde City Council [2007] NSWLEC 68

Land and Environment Court of New South Wales

CITATION : Pellegrini v Ryde City Council [2007] NSWLEC 68

APPLICANT Anthony and Alice Pellegrini PARTIES : RESPONDENT Ryde City Council

FILE NUMBER(S) : 10812 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Dwelling house, excessive bulk/scale, impact on neighbours tree, stormwater/drainage retention, revised BASIX Certificate

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ryde Planning Scheme Ordinance

DATES OF HEARING: 13/02/2007 and 16/02/2007

DATE OF JUDGMENT: 2 March 2007

APPLICANT Mr R. Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Seton, solicitor of Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

2 March 2007

10812 of 2006 Anthony and Alice Pellegrini v Ryde City Council

JUDGMENT

Background 1 This appeal was lodged against council's refusal of a development application for the demolition of an existing house and construction of a new two-storey dwelling at 19 Waterview Street, Putney.

2 A number of issues concerning the bulk and scale and associated amenity impacts on adjoining properties were identified. The parties agreed to the appointment of Mr B Newbold as the Court-appointed expert for planning. Accordingly he prepared an initial assessment, which resulted in amended plans.

3 After further assessment of these amended plans, Mr Newbold supports the granting of conditional consent for the proposal. This course of action is not opposed by Council, subject to finalisation of the conditions of consent.