Mateer v City of Ryde Council [2016] NSWLEC 1440

Land and Environment Court New South Wales

Medium Neutral Citation: Mateer v City of Ryde Council [2016] NSWLEC 1440 Hearing dates: 8 September 2016 Date of orders: 20 October 2016 Decision date: 20 October 2016 Jurisdiction: Class 1 Before: Morris C Decision: Refer para. 56 Catchwords: DEVELOPMENT APPLICATION: boarding house, compatibility with character of local area Legislation Cited: Land and Environment Court Act 1979; Ryde Local Environmental Plan 2014; State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: City of Ryde Development Control Plan 2014 Category: Principal judgment Parties: Rianon Mateer (Applicant)

Ryde City Council (Respondent) Representation: Counsel: Mr B O'Gorman-Hughes (Applicant) Ms A Pearman (Respondent)

Solicitors: Mr V Conomos Conomos Legal (Applicant)

Mr P Kapetas Ryde City Council(Respondent) File Number(s): 151300/2016

Judgment 1. Mr Mateer is the owner of a property known as No. 26 Buffalo Road, Gladesville and authorised lodgement of Development Application No> LDA/2015/0527 with Ryde City Council seeking consent to construct a one and two storey building for use as a boarding house containing 12 boarding rooms, manager's accommodation and a single storey garage. The Council had not determined the application within the prescribed period and he is appealing the deemed refusal. 2. The contentions in the case are whether the development complies with relevant development standards, local planning controls and if the design of the development is compatible with the character of the local area.