| Description | Reasons for Decision |
| Note | The Ryde Local Planning Panel determined to refuse the application for the following reasons: 1. Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the development is inconsistent with the provisions of Ryde Local Environmental Plan 2014 in that: • The proposal has a height of 11.71m and does not comply with Clause 4.3 Height of buildings. • The proposal was not supported by a written request to vary the development standard for height of buildings pursuant to Clauses 4.6 and development consent cannot be granted in accordance with Clause 4.6(3). In the absence of a Clause 4.6 request, the Panel does not have the power to approve the application. • The proposal is inconsistent with the objectives of Clause 5.10 1(a) and 1(b) of the Ryde LEP 2014 as it would diminish the significance of the heritage item, obscuring waterfront views both to and from the heritage listed house. 2. Pursuant to Section 4.5(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the development is inconsistent with the provisions of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 in that: • The proposal does not protect the cultural scenic quality of the area as required by Clause 17. • The proposal does not minimise impacts on views and vistas to and from public places, landmarks and heritage items as required by Clause 26(b). • The proposal does not minimise the cumulative impact of development on views as required by Clause 26(c). 3. Pursuant to Clause 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the development is inconsistent with the following provisions of Ryde Development Control Plan 2014: • Part 3.3 Dwelling houses and dual occupancy (attached): o Section 2.8.1, as the proposal exceeds the maximum building height and maximum number of storeys for dwelling houses. o Section 2.11.1, as the proposal does not provide sufficient detail regarding the design of the garage, carport and pedestrian entry. o Section 2.14.2, as the proposal results in overlooking of neighbouring private open space. o Section 2.14.4, as the proposal does not provide for view sharing. 4. Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is unsuitable for the proposed development. 5. Having regard to the reasons noted above, pursuant to the provisions of Section 4.15(1)(d) and Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, approval of the development application is not in the public interest. |