Aplus Architecture Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1047

Land and Environment Court New South Wales

Medium Neutral Citation: Aplus Architecture Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1047 Hearing dates: Conciliation conference on 20 January 2022 Date of orders: 2 February 2022 Decision date: 02 February 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application no. LDA2021/0146 for the amalgamation of Lot 1 in DP833060 and Lot 4 in DP27145, the staged demolition of existing buildings, the construction, in three stages, of a shop premises and two commercial buildings (with ground floor retail and basement parking) and associated works at 45-47 Epping Road, Macquarie Park, is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – conciliation conference – mixed use development – amalgamation of land – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.7, 4.15, 4.16, 8.7, 8.15Land and Environment Court Act 1979, s 34Roads Act 1993, s 138 Ryde Local Environmental Plan 2014, cll 4.3, 4.4, 4.5B, 5.21, 6.2, 6.4, 6.6, 6.9 State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning policy (State and Regional Development) 2011 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Water Management Act 2000 Texts Cited: Ryde Development Control Plan 2014 Category: Principal judgment Parties: Aplus Architecture Pty Ltd ACN 139 354 233 (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: J Reid (Applicant) M Chillari (Solicitor) (Respondent)