Spicer v City of Ryde Council [2024] NSWLEC 1342

Land and Environment Court New South Wales

Medium Neutral Citation: Spicer v City of Ryde Council [2024] NSWLEC 1342 Hearing dates: Conciliation conference on 5 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application LDA2022/0334 for the demolition of the existing three storey dwelling, construction of a new three storey dwelling, swimming pool and hardstand parking and ancillary work at 85 Westminster Road, Gladesville NSW being Lot 10 In Section 1 in Deposited Plan 2183 is determined by the grant of consent subject to conditions contained in Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – dwelling house – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 27, 38, 271 Ryde Local Environmental Plan 2013, cll 4.3, 4.4, 5.10, 6.1, 6.2, 6.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 2.6, 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: City of Ryde Community Participation Plan 2019 NSW Rural Fire Service, Planning for Bush Fire Protection, November 2019 Category: Principal judgment Parties: Jonathan Spicer (Applicant) City of Ryde Council (Respondent) Representation: Counsel: M Wright SC (Applicant) F Berglund (Respondent)