Sasco Developments Pty Limited v City of Ryde Council [2022] NSWLEC 1389

Sasco Developments Pty Limited v City of Ryde Council [2022] NSWLEC 1389

Development consent was granted, including variation of the height control, because sufficient environmental planning grounds justified the breach of the standard, the development met the objectives of the planning controls, required planning agreements and conditions were satisfied, and all statutory prerequisites for consent were met.

Jurisdiction
Australia
Judgment Date
18 July 2022
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; Development consent granted
Legal Topics
['development Consent' 'variation of Development Standards' 'boarding Houses' 'mixed Use Developments' 'local Environmental Plans' 'conciliation Conference']
['planning Law' 'environmental Law'] ['development Consent' 'variation of Development Standards' 'boarding Houses' 'mixed Use Developments' 'local Environmental Plans' 'conciliation Conference']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the proposed development should be granted development consent subject to conditions' 'Whether sufficient environmental planning grounds exist to justify variation of the height development standard under clause 4.6 of the Ryde Local Environmental Plan 2014' 'Whether the requirements of relevant State Environmental Planning Policies and the Ryde Local Environmental Plan are satisfied']

Ratio Decidendi

Development consent was granted, including variation of the height control, because sufficient environmental planning grounds justified the breach of the standard, the development met the objectives of the planning controls, required planning agreements and conditions were satisfied, and all statutory prerequisites for consent were met.

Court Disposition

Appeal upheld; Development consent granted

Orders

  • ["The Applicant's clause 4.6 written request seeking variation of development standard for height is upheld." 'The appeal is upheld.' "Development Consent is granted to LDA2020/0199 for the demolition of existing structures and construction of a mixed use development comprising four 6 to 7 storey buildings...