Blaxland Park Pty Limited v Blue Mountains City Council [2001] NSWLEC 156

Reported Decision : 120 LGERA 1

Land and Environment Court of New South Wales

CITATION : Blaxland Park Pty Limited v Blue Mountains City Council [2001] NSWLEC 156 APPLICANT: Blaxland Park Pty Limited PARTIES : RESPONDENT: Blue Mountains City Council FILE NUMBER(S) : 11115 of 2000 CORAM: Talbot J KEY ISSUES: Development Application :- original plan for conventional subdivision - substitute subdivision plan for purpose of cluster housing development and community title - whether substitute plan can be regarded as an amendment - question of whether leave should be granted to rely on amended plans. LEGISLATION CITED: Land and Environment Court Act 1979 s 39(2) Blue Mountains Local Environmental Plan 1991 CASES CITED: DATES OF HEARING: 12/07/01 DATE OF JUDGMENT: 07/23/2001

APPLICANT: Mr C C Gough (Solicitor) SOLICITORS: Storey & Gough LEGAL REPRESENTATIVES: RESPONDENT: Mr J E Robson (Barrister) SOLICITORS: McPhee Kelshaw

JUDGMENT: IN THE LAND AND Matter No. 11115 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 23 July 2001

Blaxland Park Pty Limited Applicant v Blue Mountains City Council Respondent

REASONS FOR JUDGMENT

1. On or about 28 April 2000, Blaxland Park Pty Limited (the applicant) lodged a development application with the respondent council seeking approval for a 37 lot residential subdivision with two public reserve lots in relation to land in Winnicoopa Road, Blaxland.