Fragar v Blue Mountains City Council [2022] NSWLEC 1455

Land and Environment Court New South Wales

Medium Neutral Citation: Fragar v Blue Mountains City Council [2022] NSWLEC 1455 Hearing dates: Conciliation conference 22, 23 August 2022 Date of orders: 1 September 2022 Decision date: 01 September 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Development consent is granted to Development Application No X/1528/2021 for the construction of a new dwelling house attached to the existing dwelling house (resulting in a dual occupancy (attached)), 2 lot Torrens title subdivision, tree removal and landscaping works on the land at 52 South Street, Katoomba, subject to the conditions annexed hereto and marked 'A'. Catchwords: DEVELOPMENT APPLICATION– proposed new dwelling attached to exiting dwelling – alterations to existing dwelling – subdivision – amended plans – agreement between the parties – orders made. Legislation Cited: Blue Mountains Local Environmental Plan 2015 cll 2.6, 4.1, 4.1B, 6.9, 6.14, 6.17, 6.21, 6.23 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Category: Principal judgment Parties: Loren A Fragar (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)