Leura Bush Store Pty Ltd v Blue Mountains City Council [2023] NSWLEC 1098

Land and Environment Court New South Wales

Medium Neutral Citation: Leura Bush Store Pty Ltd v Blue Mountains City Council [2023] NSWLEC 1098 Hearing dates: Conciliation Conference held on 13 February 2023 Date of orders: 07 March 2023 Decision date: 07 March 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application to rely on the amended plans and documents listed as the relevant plans and documentation in the Conditions of Consent at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application in the sum of $8000 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development Application No. X/1065/2020 for the erection of a part one and two storey 'Health Services Facility' building comprising five consulting rooms with business identification signage, associated car parking, vehicular access and landscaping, at 41 and 47 Parke Street, Katoomba (Lot 18 DP 663852 and Lot C DP 170351), is determined by the grant of approval, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a health services facility – conciliation conference – agreement between the parties – orders Legislation Cited: Blue Mountains Local Environmental Plan 2015, cll 6.4, 6.9, 6.14, 6.19 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 55, 55AA, 121B Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cl 6.65 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Leura Bush Store Pty Ltd (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: K Blunden (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)