Alpall v Blue Mountains City Council (No 2) [2006] NSWLEC 688

Land and Environment Court of New South Wales

CITATION : Alpall v Blue Mountains City Council (No 2) [2006] NSWLEC 688

Applicant: Alpall Pty Ltd PARTIES : Respondent: Blue Mountains City Council

FILE NUMBER(S) : 11098 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- conservation area

DATES OF HEARING: 18/07/2006 to 21/07/2006, 31/07/2006, 16/08/2006, 28/08/2006 nd 23/10/2006

DATE OF JUDGMENT: 11/02/2006

Applicant: LEGAL REPRESENTATIVES: Mr A Galasso, barrister instructed by Mr C Drury of Phillips Fox Respondent: Mr P Jackson, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth J

2 November 2006

11098 of 2005 Alpall Pty Ltd v Blue Mountains City Council (No 2)

Judgment 1 Senior Commissioner: This is an appeal against the refusal by Blue Mountains City Council (the council) of a development application to demolish some existing buildings and erect a two to three-storey commercial and residential development containing 12 shops, a supermarket, commercial space and 23 apartments on lot 1 and 2 DP 514529 and lot 18 DP 662808, known as 152-156 and 158-160 Leura Mall, Leura. 2 The first judgment on this appeal was published on 16 August 2006. While it did not contain orders (and therefore the final decision on the proposal) it served to acquaint the Blue Mountains community, and other interested persons of the progress of the appeal. For the sake of completeness, this second judgment includes much of the first judgment. It may be read without the need to read the first judgment.