Conca D'oro Lounge Pty Ltd v Ryde City Council [2007] NSWLEC 143

Conca D'oro Lounge Pty Ltd v Ryde City Council [2007] NSWLEC 143

The proposal sufficiently complies with the Master Plan and the Ryde Planning Scheme Ordinance in terms of bulk, scale, form, and relationship to the foreshore, as the maximum RL standard is met, setbacks and landscaping are adequate, and the design objectives are satisfied. The non-compliance with the storey limit is outweighed by compliance with the RL, planning benefits provided, and satisfactory urban design.

Jurisdiction
Australia
Judgment Date
27 March 2007
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Appeal upheld; conditional development consent granted
Legal Topics
['development Application' 'residential Flat Buildings' 'amenity Impacts' 'master Plan Compliance' 'foreshore Setbacks' 'bulk, Scale and Form']
['planning and Environment'] ['development Application' 'residential Flat Buildings' 'amenity Impacts' 'master Plan Compliance' 'foreshore Setbacks' 'bulk, Scale and Form']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposal is appropriate in its context in terms of bulk, scale and form and accordance with the desired future character as contemplated by the planning controls' 'Whether the proposal should be approved having regard to the non-compliance with the Master Plan, particularly in relation to the number of storeys and setback from the foreshore' 'Whether the proposed development has a satisfactory impact on the foreshore reserve and provides an adequate setback to the foreshore' 'Whether the amenity of the ground floor unit six is adversely affected by the proposed floodwall in terms of outlook and solar access']

Ratio Decidendi

The proposal sufficiently complies with the Master Plan and the Ryde Planning Scheme Ordinance in terms of bulk, scale, form, and relationship to the foreshore, as the maximum RL standard is met, setbacks and landscaping are adequate, and the design objectives are satisfied. The non-compliance with the storey limit is outweighed by compliance with the RL, planning benefits provided, and satisfactory urban design.

Court Disposition

Appeal upheld; conditional development consent granted

Orders

  • ['The appeal is upheld' 'Development Application No. 525/2004 for the construction of three, four-storey residential flat buildings above a common basement at 146 Bowden Street Meadowbank is determined by the granting of development consent subject to the conditions in Annexure A' 'Exhibits 1, 12, 13, A, E, F and G...