Alramon Pty Limited v City of Ryde Council [2014] NSWLEC 1273

Land and Environment Court New South Wales

Medium Neutral Citation: Alramon Pty Limited v City of Ryde Council [2014] NSWLEC 1273 Hearing dates: 14 July 2014 Date of orders: 14 July 2014 Decision date: 14 July 2014 Jurisdiction: Class 1 Before: Dixon C Decision: See paragraph [40] Catchwords: BUILDING CERTIFICATE – Consent orders - part extension of a dwelling – works required to render issuing of a certificate Legislation Cited: Environmental Planning and Assessment Act 1979 Ryde Local Environmental Plan 2010 Ryde Development Control Plan 2010 Ryde Local Environmental Plan 2011 Category: Principal judgment Parties: Alramon Pty Limited (Applicant) City of Ryde Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Mr A Gough (Solicitor) (Respondent)

Solicitors: Parisi & Associates Lawyers (Applicant) Storey & Gough (Respondent) File Number(s): 10768 of 2013 and 10695 of 2013.

Extempore Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Introduction 1. The applicant, Alramon Pty Ltd has two filed appeals with the Court in respect of the development of a residential property at 29 Vimieri Road, Eastwood (the site). 2. The first appeal, matter no 10768/13, concerns the Ryde City Council's refusal to issue a building certificate for the development. 3. The second appeal, matter no 10695/13, concerns an order issued by the Council in respect of the development. In accordance with the parties' request I have adjourned the order appeal until after the finalisation of the building certificate appeal. 4. This judgement is in respect of consent orders proposed by the parties in relation to the building certificate appeal. 5. Notwithstanding the agreed position between the parties, I am required to be satisfied that it is appropriate to make the orders requested by them. Therefore, in considering the consent orders I have had regard to the matters raised by the objectors at the commencement of the onsite hearing; the planning evidence in respect of the proposed works as detailed in the amended plans and draft conditions and, the written objections received by the Council following notification of the application. 6. Before I deal further with those matters I need to set out my understanding of the facts which is based on the Council's amended statement of facts and contentions dated 25 June 2014 (exhibit 1).