Ferris v Blue Mountains City Council [2023] NSWLEC 1391

Land and Environment Court New South Wales

Medium Neutral Citation: Ferris v Blue Mountains City Council [2023] NSWLEC 1391 Hearing dates: Conciliation Conference 5 July 2023 Date of orders: 25 July 2023 Decision date: 25 July 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application number X/2020/2022, seeking consent for alterations and additions to facilitate a health services facility at Lot B in Deposited Plan 339476, also known as 1 Boorea Street, Blaxland, subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – alterations and additions to an existing dwelling house to facilitate a health services facility – conciliation conference – agreement between the parties – orders Legislation Cited: Blue Mountains Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 6.9, 6.17 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environment Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport & Infrastructure) 2021, ss 2.59, 2.60 Texts Cited: Blue Mountains Development Control Plan 2015 Standards Australia/Standards New Zealand, AS/NZS 2890. 1:2004 Australian/New Zealand Standard Parking Facilities Part 1: Off-street car parking, 2004 Category: Principal judgment Parties: Renee Ferris (Fist Applicant) Ken Ferris (Second Applicant) Evan Ferris (Third Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: G Visentin (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)