Freecity Macpark Development Pty Ltd v Council of the City of Ryde [2025] NSWLEC 1025

Land and Environment Court New South Wales

Medium Neutral Citation: Freecity Macpark Development Pty Ltd v Council of the City of Ryde [2025] NSWLEC 1025 Hearing dates: Conciliation conference on 27 August, 12 September and 15 November 2024 Date of orders: 22 January 2025 Decision date: 22 January 2025 Jurisdiction: Class 1 Before: Miller AC Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant's written request pursuant to clause 4.6 of the Ryde Local Environmental Plan 2014 seeking a contravention of the height of building development standard set out in clause 4.3 is upheld. (3) The Applicant's written request under clause 4.6 of the Ryde Local Environmental Plan 2014 seeking a contravention of the non-discretionary car parking development standard set out in clause 68(2)(e) of State Environmental Planning Policy (Housing) 2021 is upheld. (4) Development consent is granted to development application LDA2023/0320, as amended, for demolition of existing buildings and construction of a 19-storey co-living and student accommodation development, comprising 507 rooms with 2 basement levels and associated landscaping and works at 169-171 Herring Road, Macquarie Park, subject to the conditions in the annexure marked A. (5) The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as assessed or agreed within 28 days of the date of these orders. Catchwords: APPEAL – co-living and student accommodation – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 37, 38, Sch 7 Ryde Local Environmental Plan 2014, cll 2.7, 4.3, 4.4, 4.6, 6.2, 6.4, 6.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 2.6, 6.6, 6.7, 6.9 State Environmental Planning Policy (Housing) 2021, Ch 3, Pt 3, ss 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.122 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Freecity Macpark Development Pty Ltd (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) M Challari (Solicitor) (Respondent)