Level Architects Pty Ltd v City of Ryde Council [2023] NSWLEC 1408

Land and Environment Court New South Wales

Medium Neutral Citation: Level Architects Pty Ltd v City of Ryde Council [2023] NSWLEC 1408 Hearing dates: Conciliation conference on 14 July 2023 Date of orders: 28 July 2023 Decision date: 28 July 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant's written request under clause 4.6(3) of Ryde Local Environmental Plan 2014, dated March 2023, is upheld. (2) The appeal is upheld. (3) Development Application LDA2021/0394 (as amended) for the demolition of an existing warehouse and erection of 48 industrial units, associated parking and landscaping at 39-41 College Street, Gladesville NSW 2111 is approved subject to the conditions in Annexure A. (4) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, ss 34, 39 Ryde Local Environmental Plan 2014, cll 4.3, 4.6, 5.21, 6.4, 6.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Ryde Development Control Plan 2014 Category: Principal judgment Parties: Level Architects Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: S Simmington (Solicitor) (Applicant) M Chillari (Solicitor) (Respondent)