JH Capital Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1111

Land and Environment Court New South Wales

Medium Neutral Citation: JH Capital Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1111 Hearing dates: Conciliation conference on 17 and 31 January 2022 Date of orders: 16 March 2022 Decision date: 16 March 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's clause 4.6 written request seeking to vary the height of the development standard under cl 4.3 of the Ryde Local Environmental Plan 2014, in relation to the 9.5m height control applying to the site, is upheld. (2) The appeal is upheld. (3) Development Application LDA2021/0271 for removal of tree and construction of a three (3) storey mixed use development, comprising one commercial suite and a 23 room boarding house, including managers room on land legally comprising of the allotment described as Lot B DP 396928, known as 2A Mellor Street, West Ryde, is approved subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – boarding house development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Ryde Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 4.6, 6.2, 6.4, 6.7 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 26 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Category: Principal judgment Parties: JH Capital Pty Ltd (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) M Chillari (Solicitor) (Respondent)