Bendent Pty Limited v Blue Mountains City Council [2001] NSWLEC 33

Land and Environment Court of New South Wales

CITATION : Bendent Pty Limited v Blue Mountains City Council [2001] NSWLEC 33 APPLICANT Bendent Pty Limited PARTIES : RESPONDENT Blue Mountains City Council FILE NUMBER(S) : 10603 of 1999 CORAM: Cowdroy J KEY ISSUES: Development :- subdivision - environmentally sensitive land - proposed subdivision inadequate for site constraints - non compliance with objectives of proposed draft local environmental plan LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 5A, s 79C Architects Haywood and Bakker Pty Ltd v North Sydney Council [2000] NSWLEC 138 ; CASES CITED: Edward Listin Properties Pty Ltd v North Sydney Council (No 2) [2000] NSWLEC 181; Mathers v North Sydney Council [2000] NSWLEC 84; Walker v North Sydney Council (2000) 110 LGERA 397 DATES OF HEARING: 1/12/00, 4/12/00, 5/12/00, 6/12/00 DATE OF JUDGMENT: 03/02/2001

APPLICANT Mr M Campbell (Barrister)

SOLICITORS Craig Milne & Company LEGAL REPRESENTATIVES: RESPONDENT Mr J Robson (Barrister)

SOLICITORS McPhee Kelshaw

JUDGMENT:

IN THE LAND AND MATTER No. 10603 of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 2/3/01

Bendent Pty Limited

Applicant v Blue Mountains City Council

Respondent JUDGMENT

Introduction

1. This class one appeal arises from the refusal by the Blue Mountains City Council ("the council") of development application No 9/99 dated 9 March 1999 ("the development application") by Don Fox Planning on behalf of the owners Bendent Pty Limited ("the applicant"). The development application seeks approval for a subdivision to create 72 residential lots, road network and open space reserves on lots 400 and 401 DP 591224 being 25 The Mall and 292 Great Western Highway at Warrimoo ("the land" or "the site"). I have heard these proceedings with Commissioner Bly.