Remo West Ryde v City of Ryde Council [2012] NSWLEC 1266

Remo West Ryde v City of Ryde Council [2012] NSWLEC 1266

After considering the amended plans and documents, the agreed conditions of consent and the issues raised by the objector, the Court was satisfied that it was lawful and appropriate to grant consent and that the objector's matters did not warrant amendment or refusal of the application.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 September 2012
Procedural Posture
Class 1 Development Appeal / Consent Orders for Modification Application No. Mod2011/0184
Outcome
By consent, the appeal is upheld and Modification Application No. MOD2011/0184 is approved subject to conditions.
Legal Topics
['development Application' 'modification Application' 'consent Orders' 'mixed Use Development' 'resident Objector']
['planning and Development' 'land and Environment Court'] ['development Application' 'modification Application' 'consent Orders' 'mixed Use Development' 'resident Objector']

Source-derived case record

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Procedural Posture

Class 1 Development Appeal / Consent Orders for Modification Application No. Mod2011/0184

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to grant consent orders approving Modification Application No. MOD2011/0184 subject to conditions.' 'Whether the matters raised by the resident objector warranted amendment or refusal of the application.']

Ratio Decidendi

After considering the amended plans and documents, the agreed conditions of consent and the issues raised by the objector, the Court was satisfied that it was lawful and appropriate to grant consent and that the objector's matters did not warrant amendment or refusal of the application.

Court Disposition

By consent, the appeal is upheld and Modification Application No. MOD2011/0184 is approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Modification Application No. MOD2011/0184 for amendments to a mixed-use development at 17 Chatham Road, West Ryde, is approved, subject to the conditions in Annexure "A".' 'The exhibits are returned, with the exception of exhibits 1 and B.']