WZ Properties Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1264

Land and Environment Court New South Wales

Medium Neutral Citation: WZ Properties Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1264 Hearing dates: Conciliation conference on 19 April 2022, final submission 6 June 2022 Date of orders: 9 June 2022 Decision date: 09 June 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application LDA2021/0061 for demolition of existing structures and construction of a two (2) storey boarding house containing 12 boarding rooms including two (2) accessible rooms, a common area, communal kitchen, laundry and dining areas, five parking space, one accessible parking space, motorcycle parking space, bicycle parking and waste storage facility on basement level on land legally comprising of the allotment described as Lot 3 DP 21031, known as 60 Balaclava Road, Eastwood is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 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 6.2, 6.4 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 29, 30, 30A State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.118 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cl 10 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Category: Principal judgment Parties: WZ Properties Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) M Chillari (Solicitor) (Respondent)