Bio-Building Design Pty Ltd Architects v Blue Mountains City Council [2023] NSWLEC 1124

Land and Environment Court New South Wales

Medium Neutral Citation: Bio-Building Design Pty Ltd Architects v Blue Mountains City Council [2023] NSWLEC 1124 Hearing dates: Conciliation Conference 16 and 17 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. X/1094/2021 for the construction of a part 1, part 2 storey dwelling house and associated structures on the land at 40 Wilson Street, Wentworth Falls, is determined by the grant of consent subject to the conditions of consent annexed hereto and marked "A". Catchwords: DEVELOPMENT APPEAL – residential development flood planning – slope constrained site - conciliation conference – agreement between the parties - orders Legislation Cited: Blue Mountains Local Environmental Plan 2015, cll 4.3, 4.4A, 5.10, 5.21, 6.1, 6.4, 6.8, 6.9, 6.12, 6.14, 6.17, 6.21, 6.23, Sch 5 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, ss 34, 34AA, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.65, 8.5, 8.8, 8.9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 Texts Cited: NSW EPA, Managing Land Contamination Planning Guideline (August 1998) Category: Principal judgment Parties: Bio-Building Design Pty Ltd ACN 67 002 764 196 (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: A Seton (Solicitor)(Respondent)