Lilac Pty Ltd v City of Ryde Council [2021] NSWLEC 1135

Lilac Pty Ltd v City of Ryde Council [2021] NSWLEC 1135

The Court is satisfied that the concept development application and demolition application, subject to conditions, are consistent with relevant planning instruments and controls, justified the exceedance of height standards, appropriately managed heritage impacts including demolition of fabric of moderate significance, and adequately improve public access to the foreshore. Accordingly, development consents should be granted.

Parties
Applicant: Lilac Pty Ltd; Respondent: City of Ryde Council
Jurisdiction
Australia
Judgment Date
23 March 2021
Procedural Posture
Development Application (class 1 Appeal) / Judgment and Orders After Contested Hearing
Outcome
Appeals upheld. Development consents granted for concept development and demolition applications, subject to conditions.
Legal Topics
Development Application Appeals, Heritage Conservation, Foreshore Access, Height Standard Variation, Environmental Planning Instruments
Planning and Environment Heritage Local Government Development Application Appeals Heritage Conservation Foreshore Access Height Standard Variation Environmental Planning Instruments

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Parties

Lilac Pty Ltd

Applicant

City of Ryde Council

Respondent

Procedural Posture

Development Application (class 1 Appeal) / Judgment and Orders After Contested Hearing

Legal Issues

  1. 1 Whether concept development application and demolition application should be approved for mixed use development at 20 Waterview Street, Putney
  2. 2 Whether proposed building heights exceeding the standard under Ryde LEP (cl 4.3) are justified under cl 4.6
  3. 3 Whether the development adversely impacts the environmental and heritage significance of the site and its surrounds

Ratio Decidendi

The Court is satisfied that the concept development application and demolition application, subject to conditions, are consistent with relevant planning instruments and controls, justified the exceedance of height standards, appropriately managed heritage impacts including demolition of fabric of moderate significance, and adequately improve public access to the foreshore. Accordingly, development consents should be granted.

Court Disposition

Appeals upheld. Development consents granted for concept development and demolition applications, subject to conditions.

Orders

  • Applicant's cl 4.6 request for height variation is upheld
  • Appeal in proceedings 2019/25398 (concept plan) is upheld and approval granted to DA LDA/2018/0223 for mixed use concept plan, subject to conditions (Annexure 'A')