Bethmont, C v Blue Mountains City Council [2006] NSWLEC 810

Land and Environment Court of New South Wales

CITATION : Bethmont, C v Blue Mountains City Council [2006] NSWLEC 810

APPLICANT: PARTIES : Christian Bethmont RESPONDENT: Blue Mountains City Council

FILE NUMBER(S) : 10839 of 2006

CORAM: Watts C at 1

KEY ISSUES: Development Application :- Dwelling house: Fire access provision

Blue Mountains Local Environmental Plan 2005, (BMLEP) LEGISLATION CITED: Blue Mountains Development Control Plan 31, Public Infrastructure Works in Subdivisions and Developments, (DCP31) Environmental Planning and Assessment Act 1979, ss79C and 97

DATES OF HEARING: 30/11/2006

EX TEMPORE JUDGMENT DATE : 11/30/2006

APPLICANT: Mr C Bethmont, self-represented SOLICITORS: LEGAL REPRESENTATIVES: N/A RESPONDENT: Mr A Seton, solicitor SOLICITORS: Marsdens Law Group

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

30 November 2006

10839 of 2006 - Christian Bethmont v Blue Mountains City Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the Blue Mountains City Council (the council) to impose conditions in respect of a development application to erect a dwelling house in a cul de sac at Lot 11, Section B, DP 1383, being No 33 Lee Street, Lawson. The disputed conditions relate to the need for the applicant to pay the full cost of bushfire vehicular access and to its width. The applicant considers the council unreasonable in seeking to impose these conditions. 2 I visited the land in company with the parties on the morning of the hearing. 3 I have concluded that the appeal should be dismissed as the council' planning controls clearly indicate fire access requirements and the council has no s 94 Plan in place and it has no works program to upgrade 'unformed' roads such as the northern end of Lee Street. As a result if a dwelling is to be built on the subject land the applicant must submit to the conditions imposed by the council that include a condition to upgrade the road access to a reasonable standard. Conditions in dispute 4 Development consent X05/1191, was issued 19 October 2006, and Condition No 17 (second dot point) and Condition No 31 point 10 principally are in dispute. These conditions are: Condition No 17 (second dot point only) Widening of the existing construction to 4m wide in heavy-duty reinforced concrete and provision of 1 m wide mountable, verges on both sides of the carriageway.