Tier Consulting Group Pty Ltd v Blue Mountains City Council [2000] NSWLEC 176

Land and Environment Court of New South Wales

CITATION : Tier Consulting Group Pty Ltd v Blue Mountains City Council [2000] NSWLEC 176 APPLICANT PARTIES : Tier Consulting Group Pty Ltd RESPONDENT Blue Mountains City Council FILE NUMBER(S) : 10589 of 1997 CORAM: Sheahan J KEY ISSUES: Development Consent :- modification of conditions - consent orders - objectors - substantially the same development LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 20/07/2000 EX TEMPORE 07/20/2000 JUDGMENT DATE :

APPLICANT Solicitors Pike Pike & Fenwick RESPONDENT LEGAL REPRESENTATIVES: Barrister Mr P Larkin Solicitors McPhee Kelshaw

JUDGMENT: IN THE LAND AND Matter No: 10589 of 1997 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 20 July 2000

TIER CONSULTING GROUP PTY LIMITED Applicant v

BLUE MOUNTAINS CITY COUNCIL Respondent

JUDGMENT

1. In a judgment delivered on 16 April 1998, now reported at 99 LGERA 31, I granted a deferred commencement consent, on very stringent conditions, to a development, which was referred to during the hearing as " Cox's Rest Ecotourism Retreat ", and which I described in my judgment and the conditions as " an environmental education facility and holiday cabins ".

2. The proposal as it then stood was described at length in the judgment (see pp 35-37 and 42-44) and that detail need not be repeated. Suffice to say that I approved it on the basis that it was, if you like, a " dual use " - the cabins were to be operational only in association with the education facility - and the conditions were framed accordingly (see pp 57-69).