Haddad v Council of the City of Ryde [2016] NSWLEC 1386

Land and Environment Court New South Wales

Medium Neutral Citation: Haddad v Council of the City of Ryde [2016] NSWLEC 1386 Hearing dates: 30 August 2016 Date of orders: 06 September 2016 Decision date: 06 September 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. LDA2015/335 for use of 9/3 Reserve Street, West Ryde, as 'business premises' is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibits 1, 3 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: continuance of an existing use, proposed use as business premises. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Botany Bay City Council v Workmate Abrasives Pty Ltd (2004) 138 LGERA 120 Category: Principal judgment Parties: James Haddad (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: Self-represented (Applicant) Mr M. Mantei, solicitor (Respondent) Solicitors: Council of the City of Ryde (Respondent) File Number(s): 2016/150353

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. LDA2015/335 for use of the site as 'business premises' (the proposal) at 9/3 Reserve Street, West Ryde (the premises) by the Council of the City of Ryde (the Council). 2. The appeal was subject to mandatory conciliation on 20 April 2016, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 9 June 2016, pursuant to s 34(4) of the LEC Act.