Shelsher v Blue Mountains City Council [2006] NSWLEC 737

Land and Environment Court of New South Wales

CITATION : Shelsher v Blue Mountains City Council [2006] NSWLEC 737

APPLICANT Craig Shelsher and Associates PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 10094 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of four existing holiday cabins and the construction of 4 x 2 storey townhouses - design - streetscape

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blue Mountains Local Environmental Plan 2005

DATES OF HEARING: 4/09/06

DATE OF JUDGMENT: 11/23/2006

APPLICANT Mr M McMahon, solicitor SOLICITORS M E McMahon and Associates LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

23 November 2006

10094 of 2006 Craig Shelsher and Associates v Blue Mountains City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Blue Mountains City Council (the council) of Development Application X04/0634 for the demolition of four existing holiday cabins and the construction of 4 x 2 storey townhouses at 27 Lakeview Ave, Blackheath (the site). 2 The site is Lot 7 in DP 408888. It is rectangular in shape with the width of 15.3 metres and a depth of 61.2 metres giving a total site area of 935 square metres. There is no substantive vegetation located on the site.