Sasco Developments Pty Limited v City of Ryde Council [2022] NSWLEC 1389

Land and Environment Court New South Wales

Medium Neutral Citation: Sasco Developments Pty Limited v City of Ryde Council [2022] NSWLEC 1389 Hearing dates: Conciliation conference 18 July 2022 Date of orders: 18 July 2022 Decision date: 18 July 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant's written request under clause 4.6 of the Ryde Local Environmental Plan 2014 (LEP), seeking variation of the development standard for height under clause 4.3 of the LEP is upheld. (2) The appeal is upheld. (3) Development Consent is granted to LDA2020/0199 for the demolition of existing structures and construction of a mixed use development comprising four x 6 to 7 storey buildings containing 133 apartments, 162 boarding rooms and commercial floor space with basement parking at 1-20 Railway Road and 50 Constitution Road, Meadowbank, subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – mixed use development – boarding house – residential apartments – commercial uses – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 7.4, 7.5, 7.7, 8.7 Environmental Planning and Assessment Regulation 2000, cll 25D, 50, 55, Sch 1 Land and Environment Court Act 1979, s 34 Ryde Local Environmental Plan 2014 cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.4, 6.6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 30 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.99, 2.100, 2.122 Cases Cited: Fusion Development Pty Ltd v Randwick City Council [2022] NSWLEC 1255 Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 Sanctuary Investments Pty Ltd v Baulkham Hills Shire Council (2006) 153 LGERA 355; [2006] NSWLEC 733 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Sasco Developments Pty Limited (Applicant) City of Ryde Council (Respondent) Representation: Counsel: M Staunton (Applicant) P Kapetas (Solicitor) (Respondent)