Lowe v City of Ryde Council [2021] NSWLEC 1004

Land and Environment Court New South Wales

Medium Neutral Citation: Lowe v City of Ryde Council [2021] NSWLEC 1004 Hearing dates: Conciliation conference on 18 December 2020 Date of orders: 22 January 2021 Decision date: 22 January 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Leave is granted to the Applicant to rely on the amended plans set out in condition 1 of Annexure A. (2) The Court notes that parties' agreement that the parties are to bear their own costs of the proceedings. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. LDA2018/0504 for demolition of the existing structures on the site and construction of an attached dual occupancy on Lot 55 in DP 10373, also known as No 2 Woodbine Crescent, Ryde subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development dual occupancy (attached) – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Ryde Local Environmental Plan 2014 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Ryde Development Control Plan 2014 Category: Principal judgment Parties: Jade Lowe (First Applicant) Kathryn Lowe (Second Applicant) City of Ryde Council (Respondent) Representation: Counsel: J Merlino (Solicitor) (Applicants) P Kapetas (Solicitor) (Respondent)