Todarello v Blue Mountains City Council [2023] NSWLEC 1524

Land and Environment Court New South Wales

Medium Neutral Citation: Todarello v Blue Mountains City Council [2023] NSWLEC 1524 Hearing dates: Conciliation conference held on 31 August 2023 Date of orders: 13 September 2023 Decision date: 13 September 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application X/431/2022, as amended, which seeks alterations and additions to an existing fruit shop and associated engineering works on Lot 9 Deposited Plan 656879, also known as 731-733 Great Western Highway, Faulconbridge, is determined by the grant of consent, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – fruit shop with existing use rights – wastewater and stormwater management considerations – conciliation conference – agreement between the parties – orders Legislation Cited: Blue Mountains Local Environmental Plan 2015, cll 2.3, 6.2, 6.4, 6.9, 6.14, 6.21, 6.23 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 4.65, 4.66, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 State Environment Planning Policy (Biodiversity and Conservation) 2021, ss 9.4, 9.5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Texts Cited: Blue Mountains Development Control Plan 2015 Category: Principal judgment Parties: Antonio Todarello (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: T Poisel (Applicant) A Seton (Solicitor)(Respondent)