Zhao v City of Ryde Council [2023] NSWLEC 1790

Zhao v City of Ryde Council [2023] NSWLEC 1790

The appeal is upheld and consent is granted to the amended development application as the proposal, facilitated by the conservation incentives provision, meets the requirements of the relevant planning instruments and does not detract from the heritage significance of the item.

Parties
Applicant: Shaohui Zhao; Respondent: City of Ryde Council
Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Dual Occupancy, Heritage Conservation, Strata Subdivision, Environmental Planning, Conciliation Conference
Planning and Environment Law Local Government Law Heritage Law Development Application Dual Occupancy Heritage Conservation Strata Subdivision Environmental Planning +1 more

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Parties

Shaohui Zhao

Applicant

City of Ryde Council

Respondent

Procedural Posture

Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 Whether conservation incentives under cl 5.10(10) of RLEP permit the otherwise prohibited dual occupancy (detached) development due to heritage listing
  2. 2 Whether the proposal complies with relevant planning controls and environmental legislation
  3. 3 Effect of the development on the heritage significance of the listed item

Ratio Decidendi

The appeal is upheld and consent is granted to the amended development application as the proposal, facilitated by the conservation incentives provision, meets the requirements of the relevant planning instruments and does not detract from the heritage significance of the item.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The applicant is directed to file the amended development application as approved by Council and set out in Annexure A within seven (7) days of the date of this order.
  • The appeal is upheld.