Golf Course DMG Developments Pty Ltd v City of Ryde Council [2019] NSWLEC 1061

Land and Environment Court New South Wales

Medium Neutral Citation: Golf Course DMG Developments Pty Ltd v City of Ryde Council [2019] NSWLEC 1061 Hearing dates: 11 & 13 February 2019 Date of orders: 19 February 2019 Decision date: 19 February 2019 Jurisdiction: Class 1 Before: Morris AC Decision: The orders of the Court are: (1) The Applicant is granted leave to rely on the amended plans, Exhibits J and K, and is to pay those costs of the consent authority that have been thrown away as a result of the amendment of the application for development consent as agreed or assessed. (2) The appeal is upheld. (3) Development Application LDA/2017/0370 for the construction of a six-storey residential flat building with basement carparking at No. 2 Punt Road, Gladesville is approved subject to the conditions in Annexure A. (4) The exhibits, other than Exhibits B, J, K and 1, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building – design – streetscape – amenity – access and traffic Legislation Cited: Environmental Planning and Assessment Act 1979 Ryde Local Environmental Plan 2014 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Texts Cited: Apartment Design Guide Australian/New Zealand Standard 2890.1:2004 Ryde Development Control Plan 2014 Category: Principal judgment Parties: Golf Course DMG Developments Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: T March (Applicant) S Berveling (Respondent)