Red Packet Investments Pty Ltd v Blue Mountains City Council [2021] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: Red Packet Investments Pty Ltd v Blue Mountains City Council [2021] NSWLEC 1126 Hearing dates: 1, 2 and 14 December 2020 Date of orders: 16 March 2021 Decision date: 16 March 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: Proceedings 2020/99678 The Court orders: (1) The appeal is dismissed. (2) Development Application X/76/2020 seeking consent for construction of a two-storey dwelling house with associated earthworks and landscaping at 52 Wentworth Street, Blackheath, is determined by way of refusal; (3) The exhibits are returned, with the exception of Exhibits B, C, M, N, V, W, 4, 7, and 10. Proceedings 2020/78655 The Court orders that: (1) The appeal is dismissed. (2) Development Application X/13/2020 seeking consent for construction of a two-storey dwelling house with associated earthworks and landscaping at 54 Wentworth Street, Blackheath, is determined by way of refusal. (3) The exhibits are returned, with the exception of Exhibits B, C, M, N, V, W, 4,7, and 10. Proceedings 2020/97407 The Court orders that: (1) The appeal is dismissed. (2) Development Application X/643/2019 seeking consent for alterations and additions to an existing dwelling at 56 Wentworth Street, Blackheath, is determined by way of refusal. (3) The exhibits are returned, with the exception of Exhibits B, C, M, N, V, W, 4, 7, and 10. Catchwords: DEVELOPMENT APPLICATION – construction of two new dwellings on adjacent blocks – alterations and additions to an existing building – whether requests to vary height development standards are well founded Legislation Cited: Blue Mountains Local Environmental Plan 2005, cll 8, 9, 9A, 10, 11, 12, 13, 15; Sch 2 Pt 2 Div 1 subcll 1(1), 1(2), 2(2), 3(2), 3(4) Blue Mountains Local Environmental Plan 2015, cl 1.3(1A) Environmental Planning and Assessment Act 1979, ss 1.3, 4.16, 8.7(1) Environmental Planning and Assessment Regulation 2000, cll 49(1), 77(1) Land and Environment Court Act 1979 Standard Instrument—Principal Local Environmental Plan State Environmental Planning Policy No 1—Development Standards, cll 3, 6, 7, 8 State Environmental Planning Policy No 55—Remediation of Land, cl 7(1) Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (July 2020) Better Living Development Control Plan 2005 (Parts C2, C5, D1) Category: Principal judgment Parties: Red Packet Investment Pty Ltd (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)