Feros Group Developments Pty Ltd v Blue Mountains City Council [2021] NSWLEC 1403

Land and Environment Court New South Wales

Medium Neutral Citation: Feros Group Developments Pty Ltd v Blue Mountains City Council [2021] NSWLEC 1403 Hearing dates: Conciliation conference 22 June 2021, final submission 6 July 2021 Date of orders: 12 July 2021 Decision date: 12 July 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The applicant is granted leave to rely on the amended plans set out in Annexure A. (2) The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development application X/846/2019, as amended, for the construction of a two storey seniors housing development comprising in-fill self-care housing containing 9 dwellings, each with 3 bedrooms, attached single car garages, car parking, driveway access from Churchill Street and associated fencing, earthworks, landscaping, stormwater drainage works, landscaping and tree removal at Lot 14 of DP 615001 known as 409-417 Great Western Highway, Springwood is approved subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Blue Mountains Local Environmental Plan 2015, cll 2.3, 6.9, 6.23 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7, 8.15, Div 4.8 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Category: Principal judgment Parties: Feros Group Developments Pty Ltd (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: D Le Breton (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)