Thunderbirds Are Go Pty Ltd v Council of the City of Ryde and Transport for NSW [2024] NSWLEC 1558

Land and Environment Court New South Wales

Medium Neutral Citation: Thunderbirds Are Go Pty Ltd v Council of the City of Ryde and Transport for NSW [2024] NSWLEC 1558 Hearing dates: 26, 27, 28 and 29 February and 1 March 2024 Date of orders: 11 September 2024 Decision date: 11 September 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the application as agreed or assessed. (2) The appeal is dismissed. (3) Development consent is refused to development application LDA2021/0095 lodged on 30 March 2021 for alterations and additions to the existing garden centre and construction of an 18 storey office building including a multi-level car park and additional dining space at 307 Lane Cove Road, Macquarie Park, legally described as Lot 10 in DP 1071734. (4) All exhibits are retained. Catchwords: DEVELOPMENT APPEAL – alterations and additions to existing garden centre – construction of office building – classified road – heritage –visual impact – development adjacent to National Park - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.14, 8.15, 9.1 Heritage Act 1977, s 170 Land and Environment Court Act 1979, s 39 Roads Act 1993, ss 7, 52, 87, 138, 145, 163 Rural Fires Act 1997, s 100B Environmental and Assessment Regulations 2021, s 55 Ryde Local Environmental Plan 2014, Sch 5, cll 4.3, 4.5, 6.9 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 4) (2009) 172 LGERA 1; [2009] NSWLEC 226 Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Captive Vision Pty Ltd v Ku-ring-gai Council (No 3) [2019] NSWLEC 1472 Chahda v Liverpool City Council [2018] NSWLEC 1371 Hoxton Park Residents Action Group Inc v Liverpool City Council [2010] NSWLEC 242 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638; [2011] NSWCA 349 HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 138 Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd (2021) 252 LGERA 221; [2021] NSWLEC 110 PC Infrastructure Pty Ltd v Wentworth Shire Council [2024] NSWLEC 1139 Thunderbirds Are Go Pty Ltd v Council of the City of Ryde [2023] NSWLEC 1401 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Developments adjacent to National Parks and Wildlife Service lands. Guidelines for consent and planning authorities, 2020 Environment, Energy and Science Department of Planning, Industry and Environment "Developments adjacent to National Parks and Wildlife Service lands. Guidelines for consent and planning authorities", August 2020 Environment, Energy and Science Department of Planning, Industry and Environment LCNP Plan of Management 2016 Mental Floss, "Where Did the Phrase 'Red Herring' Come From?" https://www.mentalfloss.com/article/562812/where-did-phrase-red-herring-originate, accessed 9 September 2024 NSW National Park & Wildlife Service (NWPS) publication 'Developments adjacent to National Parks and Wildlife Service lands' Ryde Community Participation Plan Category: Principal judgment Parties: Thunderbirds Are Go Pty Ltd (Applicant) Council of the City of Ryde (First Respondent) Transport for New South Wales (Second Respondent) Representation: Counsel: A Galasso SC (Applicant) S Berveling (First Respondent) A Hemmings (Second Respondent)