Gladesville WW Pty Ltd v City of Ryde [2025] NSWLEC 1042

Land and Environment Court New South Wales

Medium Neutral Citation: Gladesville WW Pty Ltd v City of Ryde [2025] NSWLEC 1042 Hearing dates: 25-27 November 2024 Date of orders: 28 January 2025 Decision date: 28 January 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant, Gladesville WW Pty Ltd, is to pay the Council's costs thrown away as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to Development Application LDA2022/0023 for the demolition of existing structures and construction of a mixed-use development that comprises a part 2 and part 3 storey mixed use development including medical centre, child care centre, supermarket, liquor store, associated parking and lot consolidation at Lot 6 in Deposited Plan 598121 and Lot 19 in Deposited Plan 10402 otherwise described as 130 Pittwater Road & 57 Thompson Street, Gladesville, subject to conditions of consent at Annexure A. (4) All Exhibits are returned, except for Exhibits B, R, X and 11. Catchwords: DEVELOPMENT APPLICATION: Mixed use development in E1 zone and R2 zone – height standard is exceeded – FSR standard is exceeded – whether amenity impacts on residential zone is acceptable – centre based child care facility - public submissions are considered Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 39 Education and Care Services National Regulations (2011) Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 39 Ryde Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 4.5, 4.6, 6.1, 6.2, 6.4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119, 2.120, 2.122, 3.22, 3.23, 3.26, Sch 3 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582 Mulpha Norwest Pty Ltd v The Hills Shire Council (No 2) [2020] NSWLEC 74 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Childcare Centre Planning Guidelines 2021 Guideline for Child Care Centre Acoustic Assessment (version 3), published by the Association of Australasian Acoustical Consultants PCA Shopping Centres Directory NSW 2023 Ryde Development Control Plan 2014 Travel Plan Guidelines: Maximising the use of sustainable modes of travel, published by the City of Ryde Council Category: Principal judgment Parties: Gladesville WW Pty Ltd (Applicant) City of Ryde (Respondent) Representation: Counsel: J Reid (Applicant) G Farland (Respondent)