Vozzo v Ryde City Council [2011] NSWLEC 1363

Land and Environment Court New South Wales

Medium Neutral Citation: Vozzo v Ryde City Council [2011] NSWLEC 1363 Hearing dates: 7 December 2011 Decision date: 13 December 2011 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: Boarding house, SEPP Affordable rental housing 2009, conditions of consent, plan of management. Legislation Cited: Land and Environment Court Act 1979 Ryde Local Environmental Plan 2010 State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Vincent Joseph Vozzo (Applicant)

Ryde City Council (Respondent) Representation: Mr S Laface AGL Legal (Applicant)

Mr M Cottom Kells the Lawyers (Respondent) File Number(s): 10301 of 2011

Judgment 1This is a determination of proceedings under s 34(4)(b)(ii) of the Land and Environment Court Act 1979 . The appeal is made against the refusal of Development Application No LDA2010/506 by Ryde City Council. The application proposed internal and external modifications to an existing two storey dual occupancy development for use as a boarding house. 2The proceedings commenced as a s 34 conciliation conference where the parties addressed the matters which were in contention and agreed on a form that the development could take that would satisfactorily address those contentions. The applicant has prepared plans that reflect those discussions and provides the necessary detail as to the extent of works and an updated Plan of Management (POM). Leave to rely on those amended plans was granted by the Court on 7 December, 2011 on termination of the conciliation conference. 3The parties agreed that I determine the application on the basis of what had occurred at the conciliation conference as the council had not provided its staff with the necessary delegations to enter into an agreement pursuant to s 34(3). It is also necessary that I determine one of the conditions in dispute.