Edward Listin Properties Pty Ltd v North Sydney Council (No. 2) [2000] NSWLEC 181

Land and Environment Court of New South Wales

CITATION : Edward Listin Properties Pty Ltd v North Sydney Council (No. 2) [2000] NSWLEC 181 APPLICANT: Edward Listin Properties Pty Ltd PARTIES : RESPONDENT: North Sydney Council FILE NUMBER(S) : 10302 of 2000 CORAM: Talbot J KEY ISSUES: Development Application :- medium density semi-detached and detached dwellings on 3 lots resubdivided into 10 lots - weight to be given to draft LEP Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 1989 Draft North Sydney Local Environmental Plan 2000 CASES CITED: Architects Haywood and Bakker Pty Ltd v North Sydney Council [2000] NSWLEC 138; Mathers v North Sydney Council [2000] NSWLEC 84 DATES OF HEARING: 03/08/2000, 04/08/2000 DATE OF JUDGMENT: 08/16/2000

APPLICANT: Mr G A Green (Solicitor)

SOLICITORS: Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT: Mr D R Parry (Barrister)

SOLICITORS: Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND Matter No. 10302 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 16 August, 2000

Edward Listin Properties Pty Ltd Applicant v North Sydney Council Respondent

REASONS FOR JUDGMENT

1. On 10 December 1999 this Court refused an earlier development application to re-subdivide the properties known as Nos 76-80 Ben Boyd Road Neutral Bay into 10 lots with 10 individual two storey dwellings to be built on the respective lots. In that matter, No 10591 of 1999, the judgment provided details of the site and the planning regime which remain basically unchanged, except to the extent that Draft North Sydney Local Environmental Plan 2000 ("the draft LEP") has progressed to the point where it must be regarded as certain to be brought into force within the reasonably foreseeable future ( Mathers v North Sydney Council [2000] NSWLEC 84 and Architects Haywood and Bakker Pty Ltd v North Sydney Council [2000] NSWLEC 138).