LYMT Pty Ltd v Blue Mountains City Council [2024] NSWLEC 1479

Land and Environment Court New South Wales

Medium Neutral Citation: LYMT Pty Ltd v Blue Mountains City Council [2024] NSWLEC 1479 Hearing dates: Conciliation conference on 30 July 2024 Date of orders: 08 August 2024 Decision date: 08 August 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The Applicant's written request prepared by HDC Planning dated 25 July 2024 pursuant to clause 4.6 of the Blue Mountains Local Environmental Plan 2015 (BMLEP 2015) to vary the height of building development standard in clause 4.3 of the BMLEP 2015 is upheld. (2) The appeal is upheld. (3) Development application number X/376/2023, as amended, for the restoration of an existing commercial building and the construction of a new multi-level shop top housing development to the rear, including demolition of an outbuilding/shed at Lot 1 in Deposited Plan 972908, known as 54 Waratah Street, Katoomba, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop top housing – 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, s 34 Blue Mountains Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.10, 6.9, 6.14, 6.19, 6.20, 6.23, 7.1, 7.6 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.5, ss 6.61, 6.63, 6.64 State Environmental Planning Policy (Building and Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Ch 4, Schs 7A, 9, ss 8, 147 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Apartment Design Guide, NSW Planning and Environment 2015 Blue Mountains Development Control Plan 2015 Category: Principal judgment Parties: LYMT Pty Ltd (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: D Loether (Applicant) A Seton (Respondent)