Concorde Enterprises Pty Limited v Council of the City of Ryde

Land and Environment Court New South Wales Medium Neutral Citation: Concorde Enterprises Pty Limited v Council of the City of Ryde [2016] NSWLEC 1308 Hearing dates:22 July 2016Date of orders: 26 July 2016 Decision date: 26 July 2016 Jurisdiction:Class 1Before: O’Neill C Decision: 1. By consent, the appeal is upheld.2. Development Application No. LDA/2014/0541 for construction of a six storey mixed use boarding house development containing a boarding house and office/commercial use with associated basement parking at 17-21 Ryedale Road, West Ryde is approved subject to the conditions in Annexure ‘A’.3. The exhibits, other than exhibits 1, 4 and D, are returned. Catchwords: DEVELOPMENT APPLICATION: consent orders; objectors; boarding house. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Concorde Enterprises Pty Limited (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: Mr John Cole solicitor (Applicant) Mr Paul Kapetas solicitor (Respondent) Solicitors: HWL Ebsworth Lawyers (Applicant) Council of the City of Ryde (Respondent) File Number(s):2016/158927Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. LDA/2014/0541 for construction of a six storey mixed use development containing a boarding house and office/commercial use with associated basement parking (the proposal) at 17-21 Ryedale Road, West Ryde (the site) by City of Ryde Council (the Council). The appeal was subject to mandatory conciliation on 14 December 2015, in accordance with the provisions of s 34 of the...