Abou-Anton v City of Ryde Council [2018] NSWLEC 1334

Land and Environment Court New South Wales

Medium Neutral Citation: Abou-Anton v City of Ryde Council [2018] NSWLEC 1334 Hearing dates: 10-11 April 2018 Date of orders: 04 July 2018 Decision date: 04 July 2018 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders that: (1) Appeal 2017/165218 for building certificate application number BC-2017/6 is dismissed. (2) Appeal 2017/252167 for building certificate application number BC-2017/26 is upheld, subject to the requirements of Order (3). (3) The Council is directed, pursuant to s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979, to issue a building information certificate in respect of the dwelling house at 176 Princes Street, Putney upon the satisfaction of the Council that the conditions in Annexure "A" have been met within six (6) months of these orders. (4) The exhibits are returned other than Exhibits A, B, C, 3, 5 and 6. Catchwords: APPEALS: building information certificates; unauthorised works to dwelling house; dwelling not built in accordance with complying development certificate; nominal development application assessment required; amenity impacts; view loss; overheight fence; requirement for stormwater easement Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment Act 2017 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 Ryde Development Control Plan 2014 Ryde Local Environmental Plan 2014 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Davies v Penrith City Council [2013] NSWLEC 1141 Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 Category: Principal judgment Parties: Saimon Abou-Anton (First Applicant) Kay Ishak (Second Applicant) Ryde City Council (Respondent) Representation: Counsel: A Pickles SC (Applicants)