Kingsford Property Developments Pty Ltd v Blue Mountains City Council [2022] NSWLEC 1668

Land and Environment Court New South Wales

Medium Neutral Citation: Kingsford Property Developments Pty Ltd v Blue Mountains City Council [2022] NSWLEC 1668 Hearing dates: 25 November 2022 Date of orders: 02 December 2022 Decision date: 02 December 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by the amended Development Application referred to in paragraph [14](2)(a)(i), in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $13,000, within 28 days from the date of these orders. (2) The Applicant's written request prepared by Think Planners dated 16 August 2022, pursuant to clause 4.6 of the Blue Mountains Local Environmental Plan 2015, to vary the height of buildings development standard in clause 4.3 of the Blue Mountains Local Environmental Plan 2015 is upheld. (3) The Applicant's written request prepared by Think Planners dated 16 August 2022, pursuant to clause 4.6 of the Blue Mountains Local Environmental Plan 2015, to vary the floor space ratio development standard in clause 4.4 of the Blue Mountains Local Environmental Plan 2015 is upheld. (4) The appeal is upheld. (5) Development consent is granted to Development Application No. X/236/2020 for a hotel at 198 – 204 Leura Mall, Leura (Lot 1 in Deposited Plan 201282), subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Blue Mountains Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 4.6, 5.10, 6.9, 6.14, 6.17, 6.19, 6.21, 6.23, 7.1, 7.8 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environment Planning and Assessment Regulation 2000 cl 55, Sch 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Chs 8, 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Blue Mountains Development Control Plan 2015 Department of Urban Affairs and Planning and Environment Protection Authority, Managing Land Contamination Planning Guidelines, 1998 Category: Principal judgment Parties: Kingsford Property Developments Pty Ltd (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: M Staunton (Applicant) P Hudson (Solicitor)(Respondent)