Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 1168

Land and Environment Court of New South Wales

CITATION : Castle Constructions Pty Ltd v North Sydney Council [2008] NSWLEC 1168

APPLICANT Castle Constructions Pty Ltd PARTIES : RESPODNENT North Sydney Council

FILE NUMBER(S) : 11010 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- demolition of existing buildings multi-storey commercial/residential building,

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

Castle Constructions Pty Ltd v North Sydney Council [2006] NSWLEC 468 CASES CITED: Castle Constructions Pty Ltd v North Sydney Council [2007] NSWCA 164 Castle Constructions Pty Limited v North Sydney Council & Anor [2008] NSWLEC 137 Nuts 'n Berries v North Sydney Council [2006] NSWLEC 516

DATES OF HEARING: 29 and 30 November, 2 December 2007 and 16, 17, 18, 23 and 25 January and 1 May 2008.

DATE OF JUDGMENT: 7 May 2008

APPLICANT Mr. T. Robertson, SC Instructed by Ms Read of McLauchlan Thorpe Partners. LEGAL REPRESENTATIVES:

RESPONDENT Miss H. Irish Instructed by Mr. M. Jaku of Mallesons Stephen Jaques.

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

7 May 2008

11010 of 2005 Castle Constructions Pty Ltd v North Sydney Council

JUDGMENT Introduction 1 This is the second appeal/merits review of the respondent council's refusal of a development application for a mixed-use development at 136-140 Walker Street, North Sydney. The original appeal/merits review by Roseth SC in January 2006, refusing the application, was subsequently set aside by Talbot J (Castle Constructions Pty Ltd v North Sydney Council [2006] NSWLEC 468).