Jomasa Pty Limited v Council of the City of Ryde [2017] NSWLEC 1262

Land and Environment Court New South Wales

Medium Neutral Citation: Jomasa Pty Limited v Council of the City of Ryde [2017] NSWLEC 1262 Hearing dates: 15 May 2017 Date of orders: 30 May 2017 Decision date: 30 May 2017 Jurisdiction: Class 1 Before: Commissioner Gray Decision: The Court orders that: 1. The appeal is upheld; 2. Development consent is granted to development application LDA2016/0380 for the strata subdivision of the residential apartment building at 146 Bowden Street Meadowbank (Lot 101 DP 1037638) subject to the conditions of consent contained in Annexure A; 3. Exhibits C and D be returned. Catchwords: APPEAL - strata subdivision – whether consent to be granted subject to two conditions - conditions requiring compliance with voluntary planning agreement and conditions of earlier building consent - compliance with voluntary planning agreement and building approval already required for occupation certificate - settlement of subdivided lots cannot occur without occupation certificate - strata consent granted - conditions not necessary in circumstances Legislation Cited: Building Professionals Act 2005 Pt 7 Conveyancing (Sale of Land) Regulation 2010 Sch 2 cl 2 Environmental Planning and Assessment Act 1979 ss 79C, 80A, 93F, 97, 109H(2) Environmental Planning and Assessment Regulation 2000 cl 92 Land and Environment Court Act 1979 s 39 Ryde Local Environmental Plan 2014 cl 2.6 Strata Schemes Development Act 2015 Cases Cited: MacDonald v Mosman Municipal Council (1999) 105 LGERA 149 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Planning Commission (WA) v Temwood Holdings Pty Ltd (2004) 221 CLR 30 Category: Principal judgment Parties: Jomasa Pty Limited (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: J Johnson (Applicant) S Berveling (Respondent)