Havenland Pty Ltd v Blue Mountains City Council [2000] NSWLEC 13

Land and Environment Court of New South Wales

CITATION : Havenland Pty Ltd v Blue Mountains City Council [2000] NSWLEC 13 APPLICANT Havenland Pty Ltd PARTIES : RESPONDENT Blue Mountains City Council FILE NUMBER(S) : 10514 of 1983 CORAM: Bignold J KEY ISSUES: Development :- Development:-Modification of development consent - conditions imposed on aged persons' housing development LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96 CASES CITED: DATES OF HEARING: 25/11/99 EX TEMPORE 11/25/1999 JUDGMENT DATE :

APPLICANT Mr Dickinson, Agent for Applicant SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENT Mr T Cork, Solicitor SOLICITORS: McPhee Kelshaw

JUDGMENT:

IN THE LAND AND Matter No . 10514 of 1983 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 25 November 1999

HAVENLAND PTY LIMITED Applicant v

BLUE MOUNTAINS CITY COUNCIL Respondent

JUDGMENT

Bignold J:

1. By its amended Notice of Motion filed in Court today, the Applicant seeks the Court's approval to the modification of the development consent granted by the Court in 1983 for what was then six units comprising stage one of an overall aged persons' residential development comprising 40 units situate at Lalor Drive, Springwood.

2. The Court has been informed that subsequent stages of the overall development have been approved by the Council and in the approval process the conditions originally imposed by His Honour Mr Justice Perrignon have been continued or replicated. The current position is that the development comprises some 20 units with another eight under construction. The ultimate intention of the Applicant is to complete the overall development.