Skermanic Pty Limited v Blue Mountains City Council [2024] NSWLEC 1031

Land and Environment Court New South Wales

Medium Neutral Citation: Skermanic Pty Limited v Blue Mountains City Council [2024] NSWLEC 1031 Hearing dates: 22 – 24 November 2023, written submissions 28 November 2023, 15, 20 December 2023 Date of orders: 01 February 2024 Decision date: 01 February 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application X/1436/2021 for the demolition, additions and alterations to an existing residential care facility including landscaping, retaining walls, basement car parking and a new substation at the Ritz Nursing Home at 203-233 Leura Mall, Leura (Lot 20 DP 1076123) is refused. (3) The exhibits, other than Exhibits B, G and 2 are returned. Catchwords: DEVELOPMENT APPLICATION – demolition and alterations and additions to an existing heritage item – use as an aged care facility – whether the development application will have an adverse and unacceptable impact on the heritage significance of "The Ritz" a local heritage item – public interest – appeal dismissed Legislation Cited: Blue Mountains Local Environmental Plan 2005, Sch 6 Pt 1 Blue Mountains Local Environmental Plan 2015, cll 6.19, 4.3, 4.6, 5.10, 7.1, 7.8, Pt 7, Sch 5 Environmental Planning and Assessment Act 1979, ss 8.7, 4.15, 4.17 Land and Environment Court Act 1979, s 34 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Bunnings Properties Pty Ltd v Ku-ring-gai Council (No 4) [2017] NSWLEC 1238 PJM Group Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1170 Toga Penrith Developments Pty Ltd v Penrith City Council [2022] NSWLEC 117 Texts Cited: Australia ICOMOS, The Burra Charter, October 2023 Australian Uniform Building Regulations Co-ordinating Council, Building Code of Australia, December 1988 Blue Mountains Development Control Plan 2015 Department of Planning and Environment, 'Assessing Heritage Significance', June 2023 State Heritage Inventory, "The Ritz and interiors" https://www.hms.heritage.nsw.gov.au/App/Item/ ViewItem?itemId=1170453 accessed 24 January 2024 Category: Principal judgment Parties: Skermanic Pty Limited (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: P Larkin SC/ H Grace (Applicant) A Seton, Solicitor (Respondent)