Peel Mews Pty Ltd v Blue Mountains City Council [2020] NSWLEC 1306

Land and Environment Court New South Wales

Medium Neutral Citation: Peel Mews Pty Ltd v Blue Mountains City Council [2020] NSWLEC 1306 Hearing dates: Conciliation conference on 16 June 2020 Date of orders: 21 July 2020 Decision date: 21 July 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of the conditions at Annexure A. (2) The appeal is upheld. (3) Development application X/356/2019 for the demolition of existing structures, construction of new service station with associated site works, drainage, upgrading of fuel pumps and landscaping (including tree removal) at 257-263 Great Western Highway, Blackheath is approved subject to the conditions at Annexure A. (4) Conditions of concurrence from Transport for New South Wales/Roads & Maritime Services dated 29 July 2019 given under s 138(2) of the Roads Act 1993 and addressed to the respondent is amended to revoke conditions 1 and 12 (in accordance with the Court's powers under s 39(6)(b) of the Land and Environment Court Act 1979). Catchwords: DEVELOPMENT APPLICATION – service station – heritage – character – conciliation conference – agreement between the parties – orders Legislation Cited: Blue Mountains Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 33 – Hazardous and Offensive Development State Environmental Planning Policy No 55 – Remediation of Land Texts Cited: Blue Mountains Development Control Plan 2015 Category: Principal judgment Parties: Peel Mews Pty Ltd (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) T Cork (Solicitor) (Respondent)