Gladesville Bowling & Sports Club Ltd v City of Ryde

[2023] NSWLEC 1162

Land and Environment Court

New South Wales

Medium Neutral Citation:

Gladesville Bowling & Sports Club Ltd v City of Ryde [2023] NSWLEC 1162

Hearing dates:

Conciliation conference held on 24 March 2023

Date of orders:

06 April 2023

Decision date:

06 April 2023

Jurisdiction:

Class 1

Before:

O’Neill C

Decision:

The orders of the Court are:

(1) The Applicant is granted leave to amend the application to rely on the documents listed under condition 1 of the conditions of consent at Annexure A.

(2) The appeal is upheld.

(3) Development Application No. LDA 2021/0242, as amended, for alterations and additions to an existing sports club to reconfigure the existing car park, bowling greens, outdoor dining areas, interiors and landscaping with new awnings, additional outdoor dining, inclusive playground, accessible ramps and signage, is determined by the grant of consent, subject to the conditions of consent at Annexure A.

Catchwords:

DEVELOPMENT APPLICATION – alterations and additions to an existing sports club – conciliation conference – agreement between the parties - orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.16, 4.65, 8.7

Environmental Planning and Assessment Regulation 2000, cll 55, 55AA, 121B

Environmental Planning and Assessment Regulation 2021, s 3, Sch 6

Land and Environment Court Act 1979, s 34

Ryde Local Environmental Plan 2014

State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, ss 3.1, 3.4, Sch 5

State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

Category:

Principal judgment

Parties:

Gladesville Bowling & Sports Club Ltd (Applicant)
City of Ryde (Respondent)

Representation:

Counsel:
A Landro (Solicitor) (Applicant)
M Chillari (Solicitor) (Respondent)

Solicitors:
Colin Biggers & Paisley Pty Limited (Applicant)
City of Ryde (Respondent)

File Number(s):

2022/262086

Publication restriction:

Nil

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. LDA 2021/0242 for alterations and additions to an existing sports club to reconfigure the existing car park, bowling greens, outdoor dining areas, interiors and landscaping with new awnings, additional outdoor dining, inclusive playground, accessible ramps and signage (the proposal) at 181A Ryde Road, Gladesville (the site) by the City of Ryde Council (the Council).

2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 24 March 2023. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

3. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are preconditions to the exercise of power to grant development consent for the proposal.

Amended Plans

4. The Environmental Planning and Assessment Regulation 2000 (200 Regulation) continues to apply to the application, because the application was lodged on 22 July 2021 and not yet determined on 1 March 2022 (s 3 of Sch 6 to the Environmental Planning and Assessment Regulation 2021). Pursuant to subs 3(2) of Sch 6 to the Environmental Planning and Assessment Regulation 2021, a requirement to use the NSW Planning Portal under the 2000 Regulation, clause 55(1), 55AA(2)(d) or 121B(1) does not apply if the development application is subject to proceedings in the Court.

5. The Council, as the consent authority, consented to the amendment of the application. The amended application amended the architectural plans the subject of the application. As a result of the amendment of the architectural plans, the parties reached agreement in principle during the conciliation conference.

Planning framework

6. The site is zoned partly R2 Low Density Residential and partly RE2 Private Recreation pursuant to the Ryde Local Environmental Plan 2014. Registered club is a nominate permissible use with consent in the RE2 zone.

7. The proposal is prohibited in the R2 zone. The club is an existing use within the meaning of s 4.65 of the EPA Act in the R2 zone.

8. The objectives of the zones, to which regard must be had, are:

R2 zone

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To provide for a variety of housing types.

RE2 zone

• To enable land to be used for private open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

• To ensure that the use and development of the land minimises any adverse effect on the amenity of the locality.

9. Chapter 3 Advertising and signage of State Environmental Planning Policy (Industry and Employment) 2021 (SEPP (Industry and Employment) 2021) applies to the proposed signage at s 3.4. A consent authority, or the Court exercising the functions of the consent authority, must not grant development consent to an application to display signage unless the consent authority is satisfied that the signage is consistent with the objectives of Ch 3 at s 3.1(1)(a) and that the signage the subject of the application satisfies the assessment criteria specified in Sch 5. I am satisfied that the proposed signage is consistent with the objectives of Ch 3 of SEPP (Industry and Employment) 2021 and Sch 5, for the reasons set out by the Council in the Jurisdictional Statement.

10. I accept the Council’s submission that the site has a history of use as a registered club and no concerns are raised in relation to contamination (s 4.6 of State Environmental Planning Policy (Resilience and Hazards) 2021).

Conclusion

11. I have considered the submissions made by the Council in the Jurisdictional Statement filed with the Court on 14 March 2023 and I am satisfied, on the basis of the evidence before me, that the agreement of the parties is a decision that the Court could have made in the proper exercise of its functions.

Orders

12. The orders of the Court are:

1. The Applicant is granted leave to amend the application to rely on the documents listed under condition 1 of the conditions of consent at Annexure A.

2. The appeal is upheld.

3. Development Application No. LDA 2021/0242, as amended, for alterations and additions to an existing sports club to reconfigure the existing car park, bowling greens, outdoor dining areas, interiors and landscaping with new awnings, additional outdoor dining, inclusive playground, accessible ramps and signage, is determined by the grant of consent, subject to the conditions of consent at Annexure A.

Susan O’Neill

Commissioner of the Court

Annexure A (402758, pdf)

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Decision last updated: 06 April 2023