Glenstone Holdings 3 Pty Ltd ATF 323 Macquarie Rd Unit Trust v Blue Mountains City Council [2024] NSWLEC 1603

Land and Environment Court New South Wales

Medium Neutral Citation: Glenstone Holdings 3 Pty Ltd ATF 323 Macquarie Rd Unit Trust v Blue Mountains City Council [2024] NSWLEC 1603 Hearing dates: Conciliation conference on 13 September 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The applicant shall pay the respondent's costs thrown away by reason of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $10,000.00 within 14 days of the date of this order. (2) The appeal is upheld. (3) Development Application X/1342/2023 for the partial demolition of existing structures, tree removal, and construction of a seniors housing development consisting of four dwellings and associated landscape and drainage works in relation to Lot 1 DP 1090970, being 323 Macquarie Road, Springwood is determined by the grant of consent subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7, 8.15 Land and Environment Court Act 1979, s 34 Blue Mountains Local Environmental Plan 2015, cll 5.10, 6.9, 6.23 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.100 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Category: Principal judgment Parties: Glenstone Holdings 3 Pty Ltd ATF 323 Macquarie Rd Unit Trust (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: G Hugo (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)