Latrade (Australia) Pty Limited v Council of the City of Ryde [2022] NSWLEC 1281

Land and Environment Court New South Wales

Medium Neutral Citation: Latrade (Australia) Pty Limited v Council of the City of Ryde [2022] NSWLEC 1281 Hearing dates: Conciliation conference on 3 and 13 May 2022, final agreement filed 13 May 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: 1) Leave is granted to the Applicant to amend Development Application LDA2021/0139 and rely on the amended plans and documents listed at condition 1 of Annexure A. 2) The Applicant's written request, pursuant to clause 4.6 of the Ryde Local Environmental Plan 2014 (RLEP), seeking to vary the development standard for floor space ratio as set out at clause 4.4 of the RLEP, is upheld. 3) The appeal is upheld. 4) Consent is granted to Development Application LDA2021/0139 (as amended) for alterations and additions to the existing three-storey mixed use development at 126-128 Pittwater Road, Gladesville, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed-use development – cl 4.6 written request – floor space ratio – 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 4.4, 4.6, 5.10, 6.2, 6.4 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.118 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Cases Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2021) Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2021) Category: Principal judgment Parties: Latrade (Australia) Pty Limited (Applicant) Council of the City of Ryde (Respondent Representation: Counsel: G Hartley (Solicitor) (Applicant) M Chillari (Solicitor) (Respondent)