Commonwealth of Australia v. North Sydney Council [1998] NSWLEC 54

Land and Environment Court of New South Wales

CITATION : Commonwealth of Australia v. North Sydney Council [1998] NSWLEC 54 PARTIES : Commonwealth of Australia v. North Sydney Council FILE NUMBER(S) : 10106 of 1998 CORAM: Sheahan J KEY ISSUES: :- Environmental Planning and Assessment Act 1979 Land & Environment Court Act 1979 LEGISLATION CITED: Contaminated Land Management Act 1997 North Sydney LEP 1989 State Regional Environmental Plan 23 State Environmental Planning Policy 56 CASES CITED: DATES OF HEARING: 29, 30 June, 1, 2, 3 July, and 4 August 1998 DATE OF JUDGMENT: 10/14/1998

Mr D P F Officer, QC with T Hale, Barrister LEGAL REPRESENTATIVES: Mr M Craig, QC

JUDGMENT: 1. This is an appeal in Class 1 of the Court's jurisdiction against the Council's refusal of a development application ("DA") proposing the redevelopment for residential purposes of the site currently occupied by the Royal Australian Navy's submarine establishment, known as "HMAS Platypus", which is located close to the head of the southern foreshore of Neutral Bay.

Preamble - Underlying and Background issues

(1) The Defence Power

2. The subject development application assumes, but does not include, substantial site works, which are yet to be commenced, to prepare the site for the proposed residential redevelopment. The Court was asked to accept that the preparatory site works envisaged by the Commonwealth - demolition of buildings, site reconfiguration, and remediation of contamination - would all be completed prior to the commencement of the residential project. Those works are to be carried out by the Commonwealth in purported exercise of its powers under the 3. Constitution (ss 51(vi) and 52), regarding defence matters, and will not be the subject of this or any other DA to the Council.