Castle Constructions Pty Limited v North Sydney Council [2008] NSWLEC 1456

Land and Environment Court of New South Wales

CITATION : Castle Constructions Pty Limited v North Sydney Council [2008] NSWLEC 1456

APPLICANT Castle Constructions Pty Limited PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 11010 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- demolition of existing buildings and the construction of a multi-storey commercial/residential building, building height and associated planning controls.

Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 65 North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002

CASES CITED: Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 1168 Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 239

DATES OF HEARING: 15, 16 and 17 October 2008

DATE OF JUDGMENT: 12 November 2008

APPLICANT Mr T. Robertson, S. C. Instructed by McLauchlan Thorpe Partners LEGAL REPRESENTATIVES:

RESPONDENT Ms H Irish, barrister Instructed by Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

12 November 2008

11010 of 2005 Castle Constructions Pty Limited v North Sydney Council

JUDGMENT Introduction 1 On 7 May 2008 I gave judgment in Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 1168 being a merits appeal against the North Sydney Council's refusal of a development application for a 36 storey mixed-use (mainly residential) development at 136 - 140 Walker Street North Sydney. In short the appeal was dismissed and the development application refused because, taking into account the requirements of the North Sydney Development Control Plan 2002, the proposed building was too tall.