Carter v Blue Mountains City Council [2023] NSWLEC 1700

Land and Environment Court New South Wales

Medium Neutral Citation: Carter v Blue Mountains City Council [2023] NSWLEC 1700 Hearing dates: Conciliation conference 17 November 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted for the Applicant to rely on amended plan 2102DA01 Issue 3 dated 19 October 2023. (2) The appeal is upheld. (3) Development application X/345/2022 for the demolition of the existing garage and construction of a new garage and associated works at 14 Vale Street, Katoomba is determined by the grant of consent subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of new garage – conciliation – amended plans – agreement between the parties – orders made Legislation Cited: Blue Mountains Local Environmental Plan 2015, cll 5.21, 6.9, Environmental Planning and Assessment Act 1979, ss 4.15, 4.16,4.55, 8.7, Pt 4 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 8.8,8.9, 9.3, 9.4, 13.19 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Blue Mountains Community Participation Plan 2021 Blue Mountains Development Control Plan 2015 Category: Principal judgment Parties: Nicholas Carter (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: N Carter (Litigant in person) (Applicant) K Glanville (Solicitor) (Respondent)