Ryde-Eastwood Leagues Club Ltd v Council of the City of Ryde [2024] NSWLEC 1256

Land and Environment Court New South Wales

Medium Neutral Citation: Ryde-Eastwood Leagues Club Ltd v Council of the City of Ryde [2024] NSWLEC 1256 Hearing dates: Conciliation conference 2 August 2023, and 8 April 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application LDA2022/0320 for the demolition of an existing building and construction of a seniors housing development under State Environmental Planning Policy (Housing) 2021 comprising of 12 independent living units in Building A and 32 independent living units in Building B, with associated landscaping and stormwater drainage works at 133 Ryedale Road and 4-14 Terry Road Denistone, NSW 2114 is determined by the grant of consent, subject to the conditions set out in Annexure A. (3) The applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – amended development application and additional information – agreement between the parties – orders made Legislation Cited: Conveyancing Act 1919, s 88E Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15, Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 38, 288A Ryde Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 6.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6,6.7,6.9 State Environmental Planning (Housing) 2021, Divs 3,4,5,6 ss 84, 89, 91, 92, 93, 98, 99, 100, 101, 102, 103, 104, 105, 145, 147, 148, Sch 7A, s 8 State Environmental Planning Policy No. 65 Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards), s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Cases Cited: Abret v Wingecarribee Shire Council (2011) 180 LGERA 343; [2011] NSWCA 107 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: NSW Department of Planning and Environment Apartment Design Guide 2015 Planning Circular PS 20-002, 5 May 2020 Roads and Maritime Services Guide to Traffic Generating Developments 2002 Ryde Development Control Plan 2014 Category: Principal judgment Parties: Ryde- Eastwood Leagues Club Ltd (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) M Chillari, (Solicitor) (Respondent)