Noakes Group Pty Ltd v North Sydney Council [2021] NSWLEC 1045

Land and Environment Court New South Wales

Medium Neutral Citation: Noakes Group Pty Ltd v North Sydney Council [2021] NSWLEC 1045 Hearing dates: Conciliation conference and mediation on 17 July; 10, 14 & 31 August; 10 & 25 September; 23 October; 3, 11, 13 & 16 November; 7, 18 & 22 December 2020 Date of orders: 25 January 2021 Decision date: 25 January 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) The Court notes that the parties have agreed that there be no order as to costs with the intention that each party should bear its own costs. (2) The appeal is upheld. (3) Pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979 (EP&A Act), the Court orders that Development Control Order dated 30 March 2020 being Order 11 in Part 1 of the Table to Schedule 5 of the EP&A Act issued by the Council to the Applicant pursuant to ss 9.34 and 9.35 of the EP&A Act in respect of the land known as 6 John Street, McMahons Point be and is hereby revoked. Catchwords: DEVELOPMENT CONTROL ORDER – cease using premises unlawfully – conciliation and mediation – agreement – order revoked Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Civil Procedure Act 2005 Category: Principal judgment Parties: Noakes Group Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Reid (Applicant) K Gerathy (Solicitor) (Respondent)

Solicitors: Allsop Glover Lawyers (Applicant) HWL Ebsworth (Respondent) File Number(s): 20/122833 Publication restriction: Nil