Delbant Pty Limited v North Sydney Council (No 2) [2006] NSWLEC 517

Land and Environment Court of New South Wales

CITATION : Delbant Pty Limited v North Sydney Council (No 2) [2006] NSWLEC 517

APPLICANT Delbant Pty Limited PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10826 of 2005

CORAM: Moore C

KEY ISSUES: Development Application :-

LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002

CASES CITED: Delbant Pty Limited v North Sydney Council (2005) NSWLEC 657; Zhang v Canterbury City Council (2001) 115 LGERA 373

DATES OF HEARING: 6 and 7 July 2006

EX TEMPORE JUDGMENT DATE : 07/07/2006

APPLICANT Mr G Green, solicitor Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr A Galasso, barrister INSTRUCTED BY Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

7 July 2006

10826 of 2005 Delbant Pty Ltd v North Sydney Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/