Bluestone Property v North Sydney Council [2006] NSWLEC 449

Land and Environment Court of New South Wales

CITATION : Bluestone Property v North Sydney Council [2006] NSWLEC 449

Applicant: Bluestone PropertyDMC Pty Ltd PARTIES : Respondent: North Sydney Council

FILE NUMBER(S) : 11585 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- consistency with zone objectives and council policies; social and economic impact

Nicholas Dunn & Associates P/L v North Sydney C [2005] NSWLEC 551; International Development & Construction P/L v North Sydney C [2005] NSWLEC 691; CASES CITED: Schaffer Corporation Ltd v Hawkesbury CC [1992]; Gillespies v Warringah Council [2002] NSWLEC 224; Azavour Pty Ltd v City of Mandurah & Anor [2002] WASCA 320

DATES OF HEARING: 15/07/2006, 16/07/2006, 19/07/2006, 22/06/2006 and 20/07/2006

EX TEMPORE JUDGMENT DATE : 07/20/2006

Applicant: LEGAL REPRESENTATIVES: Mr C McEwen, SC instructed by Mr V Conomos of Pike Pike & Fenwick Respondent: Ms H Irish, barrister instructed by Ms J Wauchope of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

20 July 2006

11585 of 2005 Bluestone Property DMC 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 for the demolition of the existing building and the erection of a mixed residential and non-residential development on lot 13 DP 8089819, lot 1 DP 846797 and lot 1 DP 936507, known as 450-476 Miller Street and 11 Amherst Street, Cammeray.