Aplus Architecture Pty Limited v Council of the City of Ryde [2022] NSWLEC 1165

Land and Environment Court New South Wales

Medium Neutral Citation: Aplus Architecture Pty Limited v Council of the City of Ryde [2022] NSWLEC 1165 Hearing dates: Conciliation Conference on 11 March 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application no. LDA2021/0184 for the staged demolition of the existing buildings, and the construction in two stages, of two commercial towers with basement parking, the provision of a new road and associated works, at 63-71 Waterloo Road, Macquarie Park (comprising Lot 3 in DP 1043041) is granted consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction to two commercial towers – Macquarie Park – amended plans – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 7.4, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, ss 5, 30 Land and Environment Court Act 1979, s 34 Ryde Local Environmental Plan 2014, cll 2.3, 2.7, 4.3, 4.4, 6.2, 6.4, 6.6, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Infrastructure) 2007, Sch 3, cl 88 State Environmental Planning Policy No. 55 Remediation of Land, 1998 cl 7 State Environmental Planning Policy State Environmental Planning Policy (Resourcing and Energy) 2021 State Environmental Planning Policy (State and Regional development) 2011, Sch 7 State Environmental Planning Policy (Transport and Infrastructure) 2021 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Aplus Architecture Pty Limited (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: J Reid (Applicant)