Balintore NSW Group Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1079

Land and Environment Court New South Wales

Medium Neutral Citation: Balintore NSW Group Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1079 Hearing dates: 3 and 4 February 2022, final agreement filed 4 February 2022 Date of orders: 16 February 2022 Decision date: 16 February 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: 1) Leave is granted to the Applicant to amend Development Application LDA2021/125 and rely on the amended plans and documents listed at condition 1 of Annexure A. 2) Pursuant to Section 8.15(3) of the EPA Act, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed. 3) The appeal is upheld. 4) Consent is granted to Development Application LDA2021/125 for the demolition of the existing dwelling and construction of a 5-storey residential apartment building with basement car parking on land at 1 Stansell Street, Gladesville NSW, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 2.22, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 50 Land and Environment Court Act 1979, s 34 Ryde Local Environmental Plan 2014, 4.3, 4.4, 6.1, 6.2, 6.4 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) Category: Principal judgment Parties: Balintore NSW Group Pty Ltd (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: T To (Applicant) G Farland (Respondent)