Zhao & Anor v City of Ryde Council [2011] NSWLEC 1347

Land and Environment Court New South Wales

Medium Neutral Citation: Zhao & Anor v City of Ryde Council [2011] NSWLEC 1347 Hearing dates: 6 October 2011, 31 October 2011 Decision date: 31 October 2011 Jurisdiction: Class 1 Before: Hussey C Decision: 1. The appeal is upheld. 2. Development consent is granted to LDA 2011/142 for the demolition of existing dwelling at 5 Koorong Street Marsfield and erection of a new two storey boarding house containing twelve single bedrooms subject to the conditions in annexure A. 3. The exhibits may be returned except 1, 5, 6, A, B, C. Catchwords: Development application: Boarding house; Drainage (OSD), disabled access, compatibility with street character, public interest Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing) 2009 City of Ryde Development Control Plan 2010 Ryde Local Environmental Plan 2010 Cases Cited: Project Venture Developments v Pittwater Council (2005) NSW LEC 191 Sanders v Burwood Council [2011] NSWLEC 1282 Category: Principal judgment Parties: Yong Lin Zhao and Hu Jing (Applicants)

City of Ryde Council (Respondent) Representation: Solicitors Mr S Kondilios, Maddocks Lawyers (Applicants)

Mr T Pickup, Storey and Gough Lawyers (Respondent) File Number(s): 10395 of 2011

Judgment

Background 1This appeal was lodged against council's deemed refusal of a development application for the demolition of an existing dwelling and construction of a two-storey boarding house comprising fourteen single bedrooms at 5 Koorong Street Marsfield. 2However, following discussions between the parties, leave was granted to amend the plans, which now propose twelve single bedrooms. 3The contentions identified are summarised as follows: (1)Drainage; concerning the suitability of the proposed OSD system. (2)Disabled access provisions. (3)Compatibility of the boarding house with the character of the existing low density residential area, and (4)Public interest considerations.