Clearcut Homes Pty Ltd v City of Ryde Council [2020] NSWLEC 1249

Clearcut Homes Pty Ltd v City of Ryde Council [2020] NSWLEC 1249

The proposed development's minor non-compliance with the road frontage development standard is negligible and supported by sufficient environmental planning grounds. The clause 4.6 written request adequately demonstrates that compliance is unreasonable or unnecessary, and the development is compatible with the objectives of the standard and the zone. Therefore, development consent can be granted notwithstanding the non-compliance.

Parties
Applicant: Clearcut Homes Pty Ltd; Respondent: City of Ryde Council
Jurisdiction
Australia
Judgment Date
09 June 2020
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Dual Occupancy, Non Compliance With Development Standard, Clause 4.6 Requests, Compatibility With Desired Future Character
Planning and Environment Law Development Application Dual Occupancy Non Compliance With Development Standard Clause 4.6 Requests Compatibility With Desired Future Character

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Parties

Clearcut Homes Pty Ltd

Applicant

City of Ryde Council

Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed development should be granted consent notwithstanding a minor non-compliance with the minimum road frontage development standard for dual occupancy under the Ryde Local Environmental Plan 2014
  2. 2 Whether the clause 4.6 written request adequately justifies the contravention of the development standard
  3. 3 Whether the development is compatible with the desired future character and public interest

Ratio Decidendi

The proposed development's minor non-compliance with the road frontage development standard is negligible and supported by sufficient environmental planning grounds. The clause 4.6 written request adequately demonstrates that compliance is unreasonable or unnecessary, and the development is compatible with the objectives of the standard and the zone. Therefore, development consent can be granted notwithstanding the non-compliance.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted for the demolition of existing structures and the construction of a dual occupancy (attached) at 43 Thompson Street, Gladesville, subject to the conditions of consent in Annexure A.