Krivanek v Blue Mountains Council (No. 2) [2004] NSWLEC 549

Land and Environment Court of New South Wales

CITATION : Krivanek v Blue Mountains Council (No. 2) [2004] NSWLEC 549 APPLICANT Dr J F Krivanek and Mrs P A Krivanek PARTIES : RESPONDENT Blue Mountains City Council FILE NUMBER(S) : 10343 of 2004 CORAM: Brown C KEY ISSUES: Costs :- Class 1 appeal LEGISLATION CITED: Land and Environment Court Rules (Amendment No 8) 2003 CASES CITED: Anibal 21 Pty Ltd v Waverley Council 98 LGERA 296 DATES OF HEARING: 22/09/04 DATE OF JUDGMENT: 10/07/2004

APPLICANT Mr C Drury, solicitor SOLICITORS Phillips Fox LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner G T Brown

7 October 2004

10343 of 2004 Dr J F Krivanek and Mrs P A Krivanek v Blue Mountains City Council

JUDGMENT Background 1 This is an application for costs in relation to an appeal (Krivanek v Blue Mountains City Council [2004] NSWLEC 462) against the refusal by Blue Mountains City Council (the council) of Development Application No. XO2/1888 for the erection of a development for older people or people with a disability. The application for costs is made by the applicant in the proceedings.

2 The location of the proposed development is 15 Hope St. and 8-10 View Street, Blaxland (the subject site). The proposal involves the consolidation of five lots into one lot, the relocation of an existing dwelling, the demolition of all other existing structures, the erection of 15 new dwellings and the strata subdivision of the 15 dwellings and the relocated dwelling.