Buckland v Blue Mountains City Council [2004] NSWLEC 590

Land and Environment Court of New South Wales

CITATION : Buckland v Blue Mountains City Council [2004] NSWLEC 590 Applicant: Buckland Convalescent Hospital PARTIES : Respondent: Blue Mountains City Council FILE NUMBER(S) : 10962 of 2004 CORAM: Roseth SC KEY ISSUES: Development Application :- impact on flora and fauna LEGISLATION CITED: CASES CITED: DATES OF HEARING: 13/10/2004 and 17/11/2004 DATE OF JUDGMENT: 11/18/2004

Mr N Howie, solicitor of Wilshire Webb LEGAL REPRESENTATIVES: Mr A Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

18 November 2004

10962 of 2004 Buckland Convalescent Hospital v Blue Mountains City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by the Blue Mountains City Council of a development application to construct a pedestrian pathway and bridge on lot 2 DP 710059, known as 39 Hawkesbury Road, Springwood.

The site 2 The site is on the east side of Hawkesbury Road and has an area of 51 ha. It accommodates two sections of a retirement village and hospital complex that are located on different parts of the site and have different addresses to Hawkesbury Road. One is the existing Buckland Village; the other is Lyndhurst Village, which is under construction. The proposed pathway is in the undeveloped bushland part of the site. Its purpose is to connect Buckland Village and Lyndhurst Village by a pedestrian route that is shorter than the vehicular route via Hawkesbury Road.