Carbone v Council of the City of Ryde [2018] NSWLEC 1253

Land and Environment Court New South Wales

Medium Neutral Citation: Carbone v Council of the City of Ryde [2018] NSWLEC 1253 Hearing dates: Conciliation held April 4 2018, submissions received 23 May 2018 Date of orders: 29 May 2018 Decision date: 29 May 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans as listed in Condition 1 of Annexure 'A'; (2) The appeal is upheld; (3) Consent is granted to applicant's modification application number. MOD/2017/0143, which modifies consent LDA/2011/343 for alterations and additions and landscape works to the property at 38 Conrad Street North Ryde which is by the grant of consent subject to the modified conditions of consent detailed in Annexure 'A' (4) The exhibits are returned with the exception of the Council's Statement of Facts and Contentions (filed 15 November 2017) and the Joint Expert report (filed 23 May 2018). Catchwords: DEVELOPMENT APPEAL: amendment sought to an existing consent – amenity impacts on adjoining property – compliance with Council's parking provisions – impacts on adjoining properties privacy – public interest. Legislation Cited: Environmental Planning and Assessment Act Land and Environment Court Act 1979 Ryde Development Control Plan 2014 Ryde Local Environmental Plan 2014 Cases Cited: BGP Properties Pty Ltd v Macquarie City Council 138 LGERA 237 Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38 Moto Projects (No.2) Pty Ltd v North Sydney Council [1999] NSWLEC280 Category: Principal judgment Parties: Robert Carbone (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: F Berglund (Respondent)