Margetic v Blue Mountains City Council [2022] NSWLEC 1618

Land and Environment Court New South Wales

Medium Neutral Citation: Margetic v Blue Mountains City Council [2022] NSWLEC 1618 Hearing dates: 11, 12 April, 1 September 2022 Date of orders: 09 November 2022 Decision date: 09 November 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application X/78/2021 seeking consent for the construction of a two-storey boarding house containing a common room and outdoor space, six boarding rooms and associated site works at 16 Springwood Avenue, Springwood (Lot 8 DP 655479) is determined by way of refusal. (3) The exhibits are to be returned except for Exhibits A, C and 2. Catchwords: DEVELOPMENT APPLICATION – boarding house – medium density residential zone – whether the development displays design excellence – precondition not satisfied – no power to grant consent- appeal dismissed Legislation Cited: Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 39 Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy Affordable Rental Housing 2009, cl 29 Cases Cited: Arxidia Pty Ltd v Randwick City Council; Arthur Wong Pty Ltd v Randwick City Council [2017] NSWLEC 1463 BGP Properties Pty Ltd v Lake Macquarie Council [2004] NSWLEC 399 HP Subsidiary Pty Ltd v Parramatta City Council [2020] NSWLEC 135 Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Texts Cited: Blue Mountains Development Control Plan 2015 Category: Principal judgment Parties: Samuel Margetic (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: J Reid (Applicant) A Seton (Solicitor) (Respondent)