Zaki v Council of the City of Ryde [2016] NSWLEC 1593

Land and Environment Court New South Wales

Medium Neutral Citation: Zaki v Council of the City of Ryde [2016] NSWLEC 1593 Hearing dates: 27, 28 October 2016 Date of orders: 13 December 2016 Decision date: 13 December 2016 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. Development application LDA/2015/283 for a child care centre at 87 Bowden Street and 2 MacPherson Street, Ryde is approved subject to the conditions set out in Annexure "A". 3. The exhibits, other than Exhibits A, B, H and 2, are returned Catchwords: DEVELOPMENT APPLICATION: Child care centre; adaptive reuse of heritage building; centre design; bulk and scale; streetscape impacts; traffic and parking; number of children; resident objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Heritage Act 1977 Ryde Local Environmental Plan 2014 Category: Principal judgment Parties: Kerolos Zaki (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Dr S Berveling (Respondent)

Solicitors: Mr S Patterson, Wilshire Webb Staunton Beattie Lawyers (Applicant) Mr P Kapetas, Council of the City of Ryde (Respondent) File Number(s): 2016/00154628 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 97 (1) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal of a development application by Ryde Council (the Council), for a child care centre in Ryde. 2. The development proposes adaptive reuse of a heritage dwelling at 87 Bowden Street for the child care centre and an extension of that centre over an adjoining lot containing an existing dwelling at 2 MacPherson Street, these 2 properties collectively comprising the site. 3. The key issues associated with the appeal relate to the impact of the new development on heritage items and on the amenity of the neighbourhood.