Urban Link Pty Ltd v City of Ryde Council [2014] NSWLEC 1154

Urban Link Pty Ltd v City of Ryde Council [2014] NSWLEC 1154

The modified proposal, including the minor exceedance of the height development standard, is consistent with the objectives of the zone and development standard. The applicant adequately demonstrated why strict compliance was unnecessary. No objectors responded to notice. It is lawful and appropriate to grant consent with agreed conditions.

Jurisdiction
Australia
Judgment Date
01 August 2014
Procedural Posture
Development Appeal (class 1) / Final Determination by Consent
Outcome
Appeal upheld by consent; development application approved subject to conditions.
Legal Topics
['development Application' 'consent Orders' 'variation to Development Standard' 'affordable Housing' 'height Restriction']
['planning and Environment'] ['development Application' 'consent Orders' 'variation to Development Standard' 'affordable Housing' 'height Restriction']

Case Brief

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Procedural Posture

Development Appeal (class 1) / Final Determination by Consent

Legal Issues

  1. 1 ['Whether the proposal for nine dwellings should be approved despite exceeding the maximum height development standard' 'Whether the development satisfies the objectives of the zone and development standard under the applicable planning instruments']

Ratio Decidendi

The modified proposal, including the minor exceedance of the height development standard, is consistent with the objectives of the zone and development standard. The applicant adequately demonstrated why strict compliance was unnecessary. No objectors responded to notice. It is lawful and appropriate to grant consent with agreed conditions.

Court Disposition

Appeal upheld by consent; development application approved subject to conditions.

Orders

  • ['By consent, the appeal is upheld.' 'Development Application No. LDA2012/0124 for the demolition of two existing dwellings and the construction of nine dwellings within a multi-dwelling housing development, pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 and strata title subdivision...