Lecedar Pty Ltd v City of Ryde Council [2021] NSWLEC 1576

Lecedar Pty Ltd v City of Ryde Council [2021] NSWLEC 1576

All jurisdictional prerequisites having been met, the Court is required to dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979, by upholding the appeal and granting consent subject to agreed conditions.

Parties
Applicant: Lecedar Pty Ltd; Respondent: City of Ryde Council
Jurisdiction
Australia
Judgment Date
29 September 2021
Procedural Posture
Appeal / Final (post Conciliation Conference, Consent Orders)
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Boarding Houses, Local Environmental Plan, State Environmental Planning Policies, Flood Planning, Environmental Assessment
Planning and Environment Law Development Application Boarding Houses Local Environmental Plan State Environmental Planning Policies Flood Planning Environmental Assessment

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Parties

Lecedar Pty Ltd

Applicant

City of Ryde Council

Respondent

Procedural Posture

Appeal / Final (post Conciliation Conference, Consent Orders)

Legal Issues

  1. 1 Whether the development application for mixed use development including a boarding house should be approved
  2. 2 Whether all jurisdictional prerequisites for granting consent have been satisfied, including contamination, BASIX, affordable rental housing, FSR, height, acid sulfate soils, earthworks, flood planning
  3. 3 Whether amendments to planning instruments post-application affect this application

Ratio Decidendi

All jurisdictional prerequisites having been met, the Court is required to dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979, by upholding the appeal and granting consent subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development consent is granted to development application 2019/0325 for construction of a mixed use development, including ground floor retail tenancy and four levels of boarding house accommodation, at 964-970 Victoria Road, West Ryde, subject to conditions in Annexure 'A'.