Redbank United Pty Ltd v Blue Mountains City Council [2024] NSWLEC 1615

Land and Environment Court New South Wales

Medium Neutral Citation: Redbank United Pty Ltd v Blue Mountains City Council [2024] NSWLEC 1615 Hearing dates: 2 and 3 July 2024 Date of orders: 02 October 2024 Decision date: 02 October 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld in part. (2) Development Consent X/508/2018 is further modified in the terms in Annexure A. (3) Development Consent X/508/2018 as modified by the Court is Annexure B. (4) The exhibits are returned with the exception of Ex 1, A and D, which are retained. Catchwords: APPEAL – modification application – modification of vehicular access provisions to approved dwelling and detached garage – environmentally sensitive land – whether approval under s 138 of the Roads Act 1993 already given – vehicular access construction responsibility – vehicular access maintenance responsibility – whether Council responsible for removal of vegetation in road reservation for vehicular access – whether Council responsible for removal of vegetation in road reservation for bushfire safety purposes Legislation Cited: Conveyancing Act 1919, Pt 1, sch 4A Environmental Planning and Assessment Act 1979, Div 4.4, ss 4.15, 4.46, 4.55, 8.9 Roads Act 1993, ss 138, 139, 142, 217 Blue Mountains Local Environmental Plan 2015, cll 6.1, 6.4, 6.7 Cases Cited: Shellharbour Municipal Council V Rovili Pty Ltd (1989) 16 NSWLR 104 Texts Cited: Blue Mountains Development Control Plan 2015 Category: Principal judgment Parties: Redbank United Pty Ltd (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: J Doyle (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)