Great Wall Property Group v North Sydney Council (No 2) [2005] NSWLEC 574

Land and Environment Court of New South Wales

Great Wall Property Group v North Sydney Council (No 2) [2005] NSWLEC 574 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

Applicant: Great North Wall Property Group Pty Ltd PARTIES : Respondent: North Sydney Council

FILE NUMBER(S) : 10272 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application - Development Standards :- whether a development standard or a prohibition

LEGISLATION CITED: North Sydney Local Environmental Plan 2001, cl 28D

DATES OF HEARING: 18/08/2005, 19/08/2005 and 29/09/2005

DATE OF JUDGMENT: 10/13/2005

Applicant: Ms H Irish, barrister instructed by Ms L Leece of Mallesons Stephen Jaques LEGAL REPRESENTATIVES: Respondent: Mr N Hemmings, QC instructed by Mr H Kahagalle of Allens Arthur Robinson

JUDGMENT: - 18 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

13 October 2005

10272 of 2005 Great Wall Property Group Pty Ltd v North Sydney Council (No 2)

JUDGMENT 1 Senior Commissioner: This is the second judgment on an appeal against the refusal by North Sydney Council (the council) of a development application to demolish the existing buildings and erect a mixed-use development consisting of a 21-level building containing 3,664m2 of commercial floor space and 68 apartments with three levels of basement parking for 61 cars, on lots 1A, 2A, 4A and 5A DP 244474, and lot 1 DP 953976, known as Nos 3, 5-7 and 9-11 Ward Street, North Sydney. 2 The appeal was first heard on 18 and 19 August 2005. It was agreed that the there were three substantial issues to be decided. On 31 August 2005 the Court published its first (or preliminary) judgment in which it decided the second and third issues. As regards the first issue, whether the proposal unfairly constrains the development potential of adjacent sites was not decided because of insufficient evidence on the constraints on adjacent sites. 3 The Court reconvened on 29 September 2005 to hear further evidence on the first issue. This second judgment is an expansion of the first judgment published on 31 August 2005. It incorporates the essential elements of the first judgment thus avoiding the need for the reader to refer to the first judgment.