Parker Logan Property Pty Ltd v City of Ryde Council [2018] NSWLEC 1134

Land and Environment Court New South Wales

Medium Neutral Citation: Parker Logan Property Pty Ltd v City of Ryde Council [2018] NSWLEC 1134 Hearing dates: 12 February, and 7 March 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to DA 2017/0101 for the demolition of existing buildings and the construction of a development containing 57 rooms to be used as a boarding house plus one room to be used for the onsite manager and two levels of basement parking at 126 Victoria Road Gladesville in accordance with the conditions of consent in Annexure A. (3) The Exhibits are returned except for Exhibits H, 2 and 10. Catchwords: APPEAL – development application for a boarding house pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 – site has two street frontages - compatibility with the character of the local area on each frontage – amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Ryde Local Environmental Plan 2014 (RLEP) Ryde Development Control Plan 2014 Cases Cited: Renaldo Plus 3 Pty limited v Hurstville City Council [2005] NSWLEC 315 New Century Development Pty limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Category: Principal judgment Parties: Parker Logan Property Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: Mr Adrian Galasso, SC (Applicant) Mr Steven Berveling (Respondent)