Castle Constructions Pty Limited v North Sydney Council [2006] NSWLEC 665

Land and Environment Court of New South Wales

CITATION : Castle Constructions Pty Limited v North Sydney Council [2006] NSWLEC 665

APPLICANT: Castle Constructions Pty Limited PARTIES : RESPONDENT: North Sydney Council

FILE NUMBER(S) : 11010 of 2005

CORAM: Biscoe J

KEY ISSUES: Question of Law :- referral by Commissioner for determination by a judge – termination of referral

LEGISLATION CITED: Land and Environment Court Act 1979 s 36(5)

DATES OF HEARING: 24/10/2006

EX TEMPORE JUDGMENT DATE : 10/24/2006

APPLICANT: Mr T Robertson SC SOLICITORS Aitken McLachlan Thorpe LEGAL REPRESENTATIVES: RESPONDENT: Ms H P Irish, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

24 October 2006

11010 of 2005

CASTLE CONSTRUCTIONS PTY LIMITED v NORTH SYDNEY COUNCIL

JUDGMENT HIS HONOUR: 1 In these Class 1 proceedings there was referred under s 36(5) of the Land and Environment Court Act 1979 what was said to be a question of law raised in the proceedings, to the Chief Judge for determination by a judge. That question then came before me yesterday for determination.

2 There was a threshold issue between the parties as to what the question was that had been referred. The respondent's counsel said that she thought that the question was: Whether the North Sydney Development Control Plan 2002 as amended ("Amended DCP") is inconsistent with the North Sydney Local Environmental Plan ("LEP") such that the provisions of the amended DCP prevent compliance with the Objectives of the North Sydney Centre of the LEP in breach of s 74C(5).