Green v Blue Mountains City Council [2024] NSWLEC 1191

Land and Environment Court New South Wales

Medium Neutral Citation: Green v Blue Mountains City Council [2024] NSWLEC 1191 Hearing dates: Conciliation Conference 2 April 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) The clause 9A variation request, prepared by Cityscape, dated November 2023, is upheld. (3) Development consent is granted to Development Application No. X/1957/2022 for the demolition of the existing dwelling and structures, and construction of a new dwelling house and in-ground swimming pool at Lot 29 in Deposited Plan 6665, known as 14 Euroka Road, Glenbrook NSW 2773, subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – residential dwelling – conciliation conference – agreement between the parties –- orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Blue Mountains Local Environmental Plan 2005, cll 13, 15, 23, 32, 44, 57, 60, 65, 78, 88, 94, 98, 103, 105, Sch 2 Blue Mountains Local Environmental Plan 2015, cl 1.3 Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Texts Cited: NSW Rural Fire Service, Planning for Bushfire Protection, 2019 Community Participation Plan, Blue Mountains City Council, February 2021 Category: Principal judgment Parties: Douglas Malcolm Green (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: G McKee (Solicitor)(Applicant) P Hudson (Solicitor)(Respondent)