Falamaki v Council of the City of Ryde [2019] NSWLEC 1007

Land and Environment Court New South Wales

Medium Neutral Citation: Falamaki v Council of the City of Ryde [2019] NSWLEC 1007 Hearing dates: 30 & 31 October 2018 Date of orders: 18 January 2019 Decision date: 18 January 2019 Jurisdiction: Class 1 Before: Adam AC Decision: (1) The Applicant is granted leave to rely on the amended plans in Exhibit C, Annexure A. (2) The written request made pursuant to cl 4.6 of the Ryde Local Environmental Plan 2014 to dispense with compliance with the lot width development standard in cl 4.1B is refused. (3) The appeal is dismissed. (4) Development Application No. LDA2017/0226 which proposes internal modifications to a building to enable its use as a dual occupancy (attached) under Division 1 of State Environmental Planning Policy (Affordable Rental Housing) 2009 is refused. (5) The exhibits, other than Exhibits 1, 3, A and C, are returned. Catchwords: DEVELOPMENT APPLICATION: proposal to create dual occupancy (attached; affordable rental housing; whether inconsistency between provisions of Ryde Local Environmental Plan and State Environmental Planning Policy (Affordable Rental Housing) 2009; compatibility with character of the local area Legislation Cited: Bankstown Local Environmental Plan 2001 Bankstown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Ryde Local Environmental Plan 2014 State Environmental Planning Policy No 1- Development Standards State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Amine, Mouhamad and Anor v Bankstown Council [2014] NSWLEC 1188 Goldin v Minister for Transport administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Louden Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1285 Project Venture Development v Pittwater Council [2005] NSWLEC 191 Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2018] NSWLEC 191 Talebi v Mosman Council [2018] NSWLEC 1671 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Department of Planning and Environment - Supporting infill affordable rental housing (Fact Sheet) Environmental Planning and Assessment Regulation Planning Circular 18-003 Ryde Development Control Plan 2014 Category: Principal judgment Parties: Sajjad Falamaki (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: F Berglund (Respondent)