Set aside by Appeal: [2007] NSWCA 164
Land and Environment Court
of New South Wales
CITATION: Castle Constructions Pty Ltd v North Sydney Council [2006] NSWLEC 468 PARTIES: APPLICANT
RESPONDENT
Castle Constructions Pty Ltd
North Sydney CouncilFILE NUMBER(S): 11010 of 2005 CORAM: Talbot J KEY ISSUES: Appeal :- error in relation to SEPP 1 objection and failure to consider relevant critical matters. LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979
North Sydney Local Environmental Plan 2001
State Environmental Planning Policy 1 - Devlopment Standards
State Envrionmental Planning Policy 65 - Design Quality of Residential Flat DevelopmentCASES CITED: Currey v Sutherland Shire Council (1998) 100 LGERA 365;
Great Wall Property Group Pty Ltd v North Sydney Council [2005] NSWLEC 574;
King v Great Lakes Shire Council (1986) 58 LGRA 366;
Parramatta City Council v Hale (1982) 47 LGRA 319;
Purcell v Electricity Commission of NSW (1985) 60 ALR 652;
RTA v Damjanovic [2006] NSWCA 166;
Weal v Bathurst City Council (2000) 111 LGERA 181 ;
Zhang v Canterbury City Council (2001) 51 NSWLR 589DATES OF HEARING: 20/06/2006, 21/06/2006
DATE OF JUDGMENT:
08/03/2006LEGAL REPRESENTATIVES: APPLICANT
Mr T F Robertson SC
SOLICITORS
Aitken McLachlan Thorpe
RESPONDENT
Mr M G Craig QC
with Ms H P Irish (barrister)
SOLICITORS
Mallesons Stephen Jacques
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESTalbot J
3 August 2006
JUDGMENT11010 of 2005 Castle Constructions Pty Limited v North Sydney Council
1 Talbot J: By letter dated 31 August 2005 the respondent council notified the applicants’ architect that development application No. 269/05 seeking development consent for the demolition of existing buildings and the erection of a 31 storey commercial/residential building at 136-140 Walker Street, North Sydney had been determined by refusal of consent. The applicant appealed to this Court. On 12 January 2006 the Senior Commissioner dismissed the appeal and confirmed that the development application be determined by refusal. The applicant has appealed against the decision of the Senior Commissioner pursuant to s 56A of the Land and Environment Court Act 1979. The amended notice of motion dated 3 May 2006 identifies 14 grounds of appeal in respect of which it is alleged the Senior Commissioner erred in law.
2 Following notification of the development application 75 objections were attracted.
3 The council identified 5 reasons for refusal when determining the development application whereas the statement of issues relied upon at the hearing before the Senior Commissioner contained seven issues of which 4 were pressed as follows:
· The proposal will isolate the site to its north, No. 142 Walker Street;
· The proposal’s height, scale and massing is excessive;
· The proposal breaches the BHP (“Building Height Plane”); and
· The setbacks are inadequate.
The Judgment Below
4 After providing a general description of the locality of the site and its proximity and relationship to existing and proposed developments in the immediate area the Senior Commissioner outlined the proposal and…
Keep reading for free
Create a free CaseChat account to read Castle Constructions Pty Ltd v North Sydney Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2006] NSWLEC 468
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.