Acorp Developments Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1106

Land and Environment Court New South Wales

Medium Neutral Citation: Acorp Developments Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1106 Hearing dates: 28 and 29 June 2021 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: 1) The Appeal is upheld. 2) Consent is granted to Development Application No LDA2020/0035, as amended, for alterations to the basement, lower ground floor and ground floor levels of a commercial premises within a mixed use development to accommodate a 51 place child care centre, with provision for 13 car spaces, at 8 Monash Road Gladesville, subject to the conditions set out in Annexure A. 3) The Respondent is ordered to register the Development Consent on the NSW Planning Portal in accordance with s. 4.20(1) of the Environmental Planning and Assessment Act 1979 within 14 days of the date of these orders. 4) The Respondent is to publish a notice of the development consent granted in relation to DA2020/0349 on its website in accordance with cl 124 of the Environmental Planning and Assessment Regulation 2000 within 14 days from the date of this order 5) The exhibits are returned, except for A, B, G, K, L, and 3. Catchwords: DEVELOPMENT APPLICATION – alterations to commercial premises to permit child care centre – simulated outdoor play space – concurrence of NSW Department of Education – whether substantial redevelopment or substantial refurbishment of existing mixed use building and application of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.20 Environmental Planning and Assessment Regulation 2000, cl 124 Cases Cited: Acorp Developments Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1028 Category: Principal judgment Parties: Acorp Developments Pty Ltd (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: A Pickles SC (Applicant) F Berglund (Respondent)