Moscaritolo v Ryde City Council [2012] NSWLEC 1024

Land and Environment Court New South Wales

Medium Neutral Citation: Moscaritolo v Ryde City Council [2012] NSWLEC 1024 Hearing dates: 30 January 2012 Decision date: 07 February 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld. 2. Development Application LDA2011/120 for the demolition of all existing improvements and the construction of an Affordable Rental Housing development at 22 Myra Ave, Ryde is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 2 and B. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and the construction of an Affordable Rental Housing development - compatibility of the proposed development with the character of local area - consistency with the zone objectives - floor space ratio - resident concerns Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Ryde Local Environmental Plan 2010 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Gino and Anna Moscaritolo (Applicants) Ryde City Council (Respondent) Representation: Mr G McKee, solicitor (Applicants) Ms C Morton, solicitor (Respondent) McKees Legal Solutions (Applicants) Sparke Helmore (Respondent) File Number(s): 10945 of 2011