Acorp Developments Pty Limited v City of Ryde Council [2016] NSWLEC 1650

Land and Environment Court New South Wales

Medium Neutral Citation: Acorp Developments Pty Limited v City of Ryde Council [2016] NSWLEC 1650 Hearing dates: 8,9 December 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. Development Application No. LDA 2015/0308 for the demolition of all existing buildings and the construction of a mixed-use development consisting of 920 sq m of commercial floor space, and 42 residential apartments at 6A to 6C Monash Road, Gladesville is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 1 and C. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing buildings and the construction of a mixed-use development - future access arrangements - potential isolation - impact on the Key Site Diagram Legislation Cited: Environmental Planning and Assessment Act 1979 Ryde Local Environmental Plan 2014 Category: Principal judgment Parties: Acorp Developments Pty Limited (Applicant) City of Ryde Council (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicant) Ms F Burgland, barrister (Respondent)

Solicitors: HWL Ebsworth Lawyers (Applicant) City of Ryde Council (Respondent) File Number(s): 159640/2016 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the deemed refusal of Development Application No. LDA 2015/0308 for the demolition of all existing buildings and the construction of a mixed-use development consisting of 920 sq m of commercial floor space, and 42 residential apartments at 6A to 6C Monash Road, Gladesville (the site). 2. The council filed an Amended Statement of Facts and Contentions that identified the following matters that warrant the refusal of the application. 1. non-compliance with the Design Quality Principles in Sch 1 of SEPP65; 2. non-compliance with the Key Site Diagram for the precinct in DCP 2014; 3. non-compliance with LEP development standards in relation to height and FSR; 4. unacceptable impact on a nearby heritage item; 5. unacceptable collection and disposal of waste; 6. unacceptable disposal of stormwater and potential flooding, and 7. unacceptable traffic generation and access. 1. The applicant prepared amended plans that sought to address the contentions raised by the council. This result in a joint report from the following experts. 1. Ms Gabrielle Morrish, urban designer for the respondent 2. Mr Sanju Reddy, planner for the respondent; t 3. Mr Daniel Pearse, traffic expert for the respondent; 4. Mr Alan Cadogan, urban designer for the applicant; 5. Mr Andrew Martin, town planner for the applicant, and 6. Mr Hayden Calvey, traffic expert for the applicant. 1. Within their areas of expertise, the experts acknowledged that the amended plan addresses and satisfies the contentions raised by the council in relation to all merit issues raised. While the council raised no issue with the merits of the application, they raised peripheral issues in relation to 1. future access arrangements, 2. the potential isolation of sites within the precinct, and 3. the impact on the Key Site Diagram in DCP 2014.