Billionaire developer Harry Triguboff's company has launched legal action against Premier Gladys Berejiklian in an attempt to win approval to build a divisive residential tower in north-west Sydney.
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Developer Meriton wants to build a 42-storey apartment block at Macquarie Park, in the heart of an electorate in which the Labor and Liberal candidates are fiercely accusing the other of stoking over-development.
The tower, which became a lightning rod for political concerns about development in Sydney, was rejected by the City of Ryde last year, but could still proceed if approved by the NSW government.
Ryde Liberal MP Victor Dominello last year asked Ms Berejiklian to commission an "assurance review" by the Greater Sydney Commission [GSC] into development and planning in his electorate.
That report recommended the state government "pause the finalisation of any existing residential planning proposals in the Ryde [local government area] for a 12-month period".
Meriton's construction arm, Karimbla Constructions, is suing Ms Berejiklian, Planning Minister Anthony Roberts, Department of Planning secretary Carolyn McNally and the Greater Sydney Commission, documents filed in the NSW Land and Environment Court on Thursday showed.
Meriton is seeking a declaration that the Greater Sydney Commission does not have the power to advise or provide recommendations for plans submitted before the review was ordered last October.
The company also wants an order to make the Department of Planning increase the height limit and floor-space ratio for the 112 Talavera Road site under the area's local environment plan.
Meriton’s general counsel Joseph Callaghan said the function of the government's "assurance review", and whether it could impact a planning proposal "as well-advanced" as the Macquarie Park proposal, would be central to the case. The company lodged plans for the site in May 2017.
Mr Triguboff said that Meriton’s proposal had "been recognised as being entirely consistent with all of the government’s publicly stated planning strategies and policies".
"Those policies should not suddenly change because the seat of Ryde is in contention at the upcoming election. They can’t move the goalposts like that."
NSW Deputy Liberal leader Dominic Perrottet said that development in Ryde under Labor mayor Jerome Laxale had been "allowed to get out of control".
"We are fixing the issue, following a review by the Greater Sydney Commission," Mr Perrottet said.
"We will of course let any legal action play out but I want to assure the local community that we are on their side.”
Cr Laxale, who is the Labor candidate for Ryde, said the community "has a simple question for Victor Dominello and Planning Minister Anthony Roberts: why did you not reject this monstrosity when you had the chance?"
Mr Dominello said he had "fought against overdevelopment since being elected" and had opposed the planned tower. "I will not back down," he said on social media.
The case will be in court on April 12.
