Fragar v Blue Mountains City Council [2024] NSWLEC 1802

Land and Environment Court New South Wales

Medium Neutral Citation: Fragar v Blue Mountains City Council [2024] NSWLEC 1802 Hearing dates: Conciliation Conference held 17 October 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld; (2) The Applicant's written request prepared by Council Approval Group dated 6 November 2024 pursuant to clause 4.6 of the Blue Mountains Local Environmental Plan 2015 ("BMLEP") to vary the minimum lot size for dual occupancies development standard in clause 4.1B of BMLEP is upheld. (3) Development Consent is granted to Development Application No. X/1040/2023 for the removal of trees, demolition of a garage, additions and alterations to existing dwelling, construction of a detached dual occupancy, and a one into two lot Torrens title subdivision resulting in one dwelling on each lot of land at 15 Edwin Lane, Katoomba, is approved, subject to the conditions of consent at Annexure "A". (4) The Applicant is to pay the Respondent's costs "thrown away" as a result of the amendments pursuant to section 8.15(3) if the Environmental Planning and Assessment Act 1979 in the agreed sum of $3,500 payable within 21 days of the orders being made. Catchwords: DEVELOPMENT APPEAL – dual occupancy – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Blue Mountains Local Environmental Plan 2015 (Amendment No 16) Blue Mountains Local Environmental Plan 2015 (Amendment No 22) Blue Mountains Local Environmental Plan 2015, Pt 2, cll 1.8A, 4.1, 4.1B, 4.3, 4.4, 4.6, 5.10, 5.21, 6.9, 6.23, Sch 5 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.13 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: Blue Mountains Community Participation Plan 2021 NSW Department of Planning and Environment, Managing Land Contamination Planning Guidelines Category: Principal judgment Parties: Lauren Fragar (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: C Gough (Solicitor)(Applicant) P Hudson (Solicitor)(Respondent)