Lincoln v Blue Mountains City Council [2023] NSWLEC 1763

Land and Environment Court New South Wales

Medium Neutral Citation: Lincoln v Blue Mountains City Council [2023] NSWLEC 1763 Hearing dates: Conciliation conference on 29 June 2023; 3 October 2023; 30 November 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent no. 2567 is modified in the terms in Annexure A. (3) Development consent no. 2567 as modified by the Court is Annexure B. Catchwords: APPEAL – modification application – alterations and additions to existing professional consulting rooms (chiropractor) – conciliation conference – agreement between the parties - orders Legislation Cited: Blue Mountains Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 5.10, 6.1, 6.6, 6.7, 6.9, 6.14, 6.17, 6.23 Environmental Planning and Assessment Act 1979, s 4.55 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, 2.100, 2.120, 2.122, Sch 3 Category: Principal judgment Parties: Patrick James Lincoln (First Applicant) Emily Kate Healey (Second Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicants) P Hudson (Solicitor) (Respondent)