Dang v Council of the City of Ryde [2022] NSWLEC 1622

Land and Environment Court New South Wales

Medium Neutral Citation: Dang v Council of the City of Ryde [2022] NSWLEC 1622 Hearing dates: Conciliation conference on 27 September 2022 and 18 October 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: 1) The appeal is upheld. 2) Consent is granted to Development Application LDA/2021/0003 for Torrens Title subdivision of, and the use of existing structures on, Lot 16 in Deposited Plan 25498, known as 128 Wicks Road, North Ryde NSW 2113, for the purposes of an attached dual occupancy, subject to the conditions in Annexure A. Catchwords: MODIFICATION APPLICATION – affordable rental housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 6.25, 8.7, 8.10, 8.11 Environmental Planning and Assessment Regulation 2000, cll 23, 55, 93 Land and Environment Court Act 1979 ss 17, 23, 34, 34AA Local Government Act 1993 Ryde Local Environmental Plan 2014 cll 4.3A, 4.4, 6.1, 6.2, 6.4 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 4, 6, 10, 13, 15, 16A, 17, 18 State Environmental Planning Policy (Building sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 Sch 7 cl 2 State Environmental Planning Policy (Infrastructure) 2007 cl 101 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Statement Environmental Planning Policy (Transport and Infrastructure) 2021 Sch 12 Ch 5 Texts Cited: Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004 Category: Principal judgment Parties: Jenny Dang (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: R White (Applicant) Dr S Berveling (Respondent)