Mateer v City of Ryde Council [2016] NSWLEC 1440

Mateer v City of Ryde Council [2016] NSWLEC 1440

With the required amendments increasing the common room to at least 28sqm, locating its western wall on the common boundary with the adjoining industrial building, ensuring the floor space ratio did not exceed 0.5:1 by reducing the length of the two storey building, and amending the Plan of Management to reflect the Security Plan, the boarding house design was compatible with the character of the local area and consistent with the relevant LEP and DCP controls, so there was no reason why consent should not be granted.

Jurisdiction
Australia
Judgment Date
20 October 2016
Procedural Posture
Class 1 Development Application Appeal Concerning a Boarding House / Appeal From Deemed Refusal; Final Orders Made in Chambers After Addendum
Outcome
The appeal was upheld and DA No LDA/2015/0527 was approved subject to conditions.
Legal Topics
['boarding House Development Application' 'compatibility With Character of Local Area' 'floor Space Ratio' 'front Setback and Streetscape' 'landscaped Area and Hardstand' 'solar Access and Visual Bulk']
['environmental and Planning Law' 'development Control' 'affordable Rental Housing'] ['boarding House Development Application' 'compatibility With Character of Local Area' 'floor Space Ratio' 'front Setback and Streetscape' 'landscaped Area and Hardstand' 'solar Access and Visual Bulk']

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Procedural Posture

Class 1 Development Application Appeal Concerning a Boarding House / Appeal From Deemed Refusal; Final Orders Made in Chambers After Addendum

Legal Issues

  1. 1 ['Whether the proposed boarding house complied with relevant development standards and local planning controls.' 'Whether the design of the development was compatible with the character of the local area for the purposes of clause 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether the proposed front setback, car parking and landscaped treatment were acceptable in the streetscape.' 'Whether the bulk and siting of the two storey component caused unacceptable visual or solar access impacts on adjoining residential land.' 'Whether the common room size and Plan of Management required amendment before consent could be granted.']

Ratio Decidendi

With the required amendments increasing the common room to at least 28sqm, locating its western wall on the common boundary with the adjoining industrial building, ensuring the floor space ratio did not exceed 0.5:1 by reducing the length of the two storey building, and amending the Plan of Management to reflect the Security Plan, the boarding house design was compatible with the character of the local area and consistent with the relevant LEP and DCP controls, so there was no reason why consent should not be granted.

Court Disposition

The appeal was upheld and DA No LDA/2015/0527 was approved subject to conditions.

Orders

  • ['The appeal is upheld.' "DA No LDA/2015/0527 for the construction of a one and two storey building for use as a boarding house containing 12 rooms, one of which is manager's accommodation, is approved subject to the conditions in Annexure A." 'The exhibits, other than exhibits B, G and 5, are returned.']