TFG Gamma Pty Ltd v City of Ryde Council [2021] NSWLEC 1014

Land and Environment Court New South Wales

Medium Neutral Citation: TFG Gamma Pty Ltd v City of Ryde Council [2021] NSWLEC 1014 Hearing dates: Conciliation conference on 18 December 2020 Date of orders: 13 January 2021 Decision date: 13 January 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of the documentation at Annexure "A". (2) The clause 4.6 requests prepared by SJB Planning in relation to the height of buildings and density control development standards pursuant to clauses 4.3A(2) and 4.5A of Ryde Local Environmental Plan 2014, respectively dated 18 December 2020 and 17 December 2020, are well founded and upheld. (3) The appeal is upheld. (4) Development Application DA 2018/0432 for demolition of existing structures and the construction of a multi-dwelling housing development containing 12 dwellings (4 x two-bedroom and 8 x three-bedroom) pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 and basement carpark is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – draft local environmental plan – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court 1979 Ryde Local Environmental Plan 2014 State Environmental Planning Policy 55—Remediation of Land State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: City of Ryde Development Control Plan 2014 Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guidelines for Infill Development (2004) Category: Principal judgment Parties: TFG Gamma Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Berveling (Respondent)