NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Aitken v Blue Mountains City Council [2006] NSWLEC 391
APPLICANT James Ashley Aitken PARTIES : RESPONDENT Blue Mountains City Council
FILE NUMBER(S) : 10353 of 2005
CORAM: Murrell C
KEY ISSUES: Development Application :- Gallery, impact on adjoining properties and 'special housing area', traffic, parking, visual impact on area
Environmental Planning and Assessment Act LEGISLATION CITED: Blue Mountains Local Environmental Plan No. 4 Blue Mountains Local Environmental Plan 2005
DATES OF HEARING: 26/04/2006
EX TEMPORE JUDGMENT DATE : 04/26/2006
APPLICANT Ms J Reid, solicitor SOLICITORS Pike Pike & Fenwick
LEGAL REPRESENTATIVES:
RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
26 April 2006
10353 of 2005 James Ashley Aitken v Blue Mountains City Council
JUDGMENT 1 This is an appeal under section 97 of the Environmental Planning and Assessment Act against Blue Mountains City Council refusal of a development application for a gallery at the site known as 5 Wascoe Street, Glenbrook. The subject site is approximately 18 m wide to the east and west, 53 m on a north-south access, yielding a site area of 948 sq m.
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