Kool Family Developments Pty Ltd v City of Ryde Council [2023] NSWLEC 1031

Kool Family Developments Pty Ltd v City of Ryde Council [2023] NSWLEC 1031

The proposed development, by reason of its scale, built form, and dominance, is antipathetic to the objective of the R2 Low Density Residential zone to provide for housing needs within a low density residential environment and is not compatible with the low density residential character of the local area; accordingly, the development application should be refused.

Jurisdiction
Australia
Judgment Date
27 January 2023
Procedural Posture
Appeal (class 1, Development Application) / Final Judgment and Orders
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'zone Objectives' 'character of Local Area' 'land Use Compatibility' 'development Control Plans' 'state Environmental Planning Policy' 'refusal of Development Consent']
['planning and Environment Law'] ['development Application' 'zone Objectives' 'character of Local Area' 'land Use Compatibility' 'development Control Plans' 'state Environmental Planning Policy' 'refusal of Development Consent']

Case Brief

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Procedural Posture

Appeal (class 1, Development Application) / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the proposed multi dwelling housing is consistent with the objectives of the R2 Low Density Residential zone' 'Whether the design of the proposed development is compatible with the character of the local area under cl 16A of SEPP (Affordable Rental Housing) 2009' 'Whether the scale, bulk and form of the proposed development is acceptable in the planning context']

Ratio Decidendi

The proposed development, by reason of its scale, built form, and dominance, is antipathetic to the objective of the R2 Low Density Residential zone to provide for housing needs within a low density residential environment and is not compatible with the low density residential character of the local area; accordingly, the development application should be refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application LDA2020/0247 for the demolition of six existing dwelling houses and the erection of multi dwelling housing on Lots 8 to 12 (inclusive) DP 6367 and Lot D DP 322336 known as 298–312 Blaxland Rd, Ryde is refused.' 'Exhibits A, E, G, H, 1, 10, 11, 12, 14, 15 and 16...