Alpall Pty Ltd v Blue Mountains City Council [2006] NSWLEC 336

Land and Environment Court of New South Wales

CITATION : Alpall Pty Ltd v Blue Mountains City Council [2006] NSWLEC 336

APPLICANT Alpall Pty Ltd PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 11570 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Strata subdivision, drainage, public interest

Blue Mountains Local Environmental Plan 2005 LEGISLATION CITED: Local Environmental Plan 4 Better Living Development Control Plan

DATES OF HEARING: 15/06/2006

DATE OF JUDGMENT: 06/22/2006

APPLICANT Mr M White, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr T Houston, solicitor SOLICITORS Houston Dearn O'Connor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

22 June 2006

11570 of 2005 Alpall Pty Ltd v Blue Mountains City Council

JUDGMENT

Background 1 This appeal was lodged against council deemed refusal of a development application for the strata subdivision of a recently completed SEPP 5 development (comprising 12 dwellings) situated at 230-234 Great Western Highway, Wentworth Falls. The details of the area and planning controls are contained in the Statement of Basic Facts (SBF), on which I rely.

The site 2 This site is described as Lot 1 in DP 1071412 and it has a total area of 5331 sq m. The land has a moderate slope, which runs from the northern (front) boundary towards the centre of the site and then the land rises moderately to the southern (rear) boundary. A natural watercourse with overland flow path, which is covered by a drainage easement 1.4 m wide, traverses the property towards the western boundary.