Castle Constructions v North Sydney Council [2006] NSWLEC 5

Land and Environment Court of New South Wales

CITATION : Castle Constructions v North Sydney Council [2006] NSWLEC 5

Applicant: Castle Constructions Pty Ltd PARTIES : Respondent: North Sydney Council

FILE NUMBER(S) : 11010 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application - Development Control Plan :-

DATES OF HEARING: 15/12/2005. 16/12/2005 and 21/12/2005

DATE OF JUDGMENT: 01/12/2006

Applicant: LEGAL REPRESENTATIVES: Mr C McEwen, SC and Ms S Duggan, barrister instructed by Mr M Dockrill, solicitor of Day Dockrill Ms H Irish, barrister instructed by Ms L Leece of Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

12 January 2006

11010 of 2005 Castle Constructions Pty Ltd v North Sydney Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by North Sydney Council (the council) of a development application to demolish the existing buildings and erect a 31-storey commercial/residential building consisting of basement parking, a podium of five commercial floors and a tower of 26 residential floors.

The site 2 The site is on the western side of Walker Street. Its area is 1,176m2. To the west is 3-11 Ward Street, a site for which the Court refused an application on 13 October 2005 (Great Wall Property Group v North Sydney Council (No 2) [2005] NSWLEC 574), and for which there is new application before the council. On the eastern side of the street, opposite the site, are several low-rise blocks of flats. To the south of those buildings is the Century Plaza building, a 20-storey apartment building. To the south is an eleven-storey office building at 76 Berry Street (the People Telecom building) with a top RL of 110. To the north is 142 Walker Street, on which stands a two-storey apartment building in a state of dilapidation. To the north of No 142 are four heritage-listed two-storey apartment buildings, 144-150 Walker Street. A development application for a proposal on those four sites has been lodged with the council and is on appeal before the Court.