Do v City of Ryde Council [2019] NSWLEC 1536

Land and Environment Court New South Wales

Medium Neutral Citation: Do v City of Ryde Council [2019] NSWLEC 1536 Hearing dates: Conciliation conference on 6 September 2019; 21 October 2019 Date of orders: 05 November 2019 Decision date: 05 November 2019 Jurisdiction: Class 1 Before: Blakely AC Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure A. (2) The appeal in respect of Land and Environment Court proceedings 18581 of 2019 is upheld. (3) Development Application DA2018/0224 to demolish the existing dwelling and construct a 12 room boarding house with vehicular parking for 6 cars and motor bike parking for 3 bikes and associated site works at 7 Balaclava Road, Eastwood is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding houses – traditional housing design – neighbourhood residential density – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Ryde Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: Ryde Development Control Plan 2012 Category: Principal judgment Parties: Huong Thu Do (Applicant) City of Ryde Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) P Kapetas (Solicitor) (Respondent)