Artro Management Pty Ltd v City of Ryde Council [2019] NSWLEC 1267

Land and Environment Court New South Wales

Medium Neutral Citation: Artro Management Pty Ltd v City of Ryde Council [2019] NSWLEC 1267 Hearing dates: Conciliation conference on 5 April 2019; 24 & 30 May 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure "A". (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. LDA2018/0267 seeking consent for demolition of existing structures, vegetation removal, earthworks, construction of a three storey building comprising light industrial units, self-storage units, a centre-based child care facility and ancillary retail space with associated car parking, drainage and landscaping on the land at 23-25 Higginbotham Road, Gladesville, subject to the conditions of consent annexed hereto and marked "A." Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Ryde Local Environmental Plan 2014 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy No 55— Remediation of Land Category: Principal judgment Parties: Artro Management Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Solicitors: M Parrino, Project Lawyers (Applicant) P Kapetas, The City of Ryde (Respondent) File Number(s): 2018/361427 Publication restriction: No