Alpall v Blue Mountains City Council [2005] NSWLEC 627

Land and Environment Court of New South Wales

CITATION : Alpall v Blue Mountains City Council [2005] NSWLEC 627

Applicant: Alpall Pty Ltd PARTIES : Respondent: Blue Mountains City Council

FILE NUMBER(S) : 10492 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- Seniors Living

DATES OF HEARING: 27/10/2005

DATE OF JUDGMENT: 11/09/2005

Applicant: Mr A White, solicitor of Benetatos White LEGAL REPRESENTATIVES: Respondent: Mr T Cork, solicitor of McPhee Kelshaw

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

9 November 2005

10492 of 2005 Alpall Pty Ltd v Blue Mountains City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by the Blue Mountains City Council (the council) of a development application to demolish the existing structures and erect twelve two-storey townhouses for Seniors Living on lot B DP 391940, known as 33 Falls Road, Wentworth Falls.

The site 2 The site is on the western side of Falls Road, about 230m from its intersection with the Great Western Highway. It slopes about 10m from the rear northwest corner to the front southeast corner, and has an area of 3,974m2. 3 The development in the vicinity is detached houses to the north and west, and medium density housing to the south and east. The detached houses to the north are, however, in a medium density zone.

The proposal 4 The applicant proposes to demolish the existing structures on the site and erect twelve two-storey townhouses for seniors. The buildings are arranged around a central driveway, with an entrance driveway near the centre of the allotment's frontage and two additional driveways to garages facing Falls Road. The private courtyards are along the side and rear boundaries, facing north, west and south. 5 The applicant lodged the application in October 2004. Following notification, the council received nine letters of objections. The applicant lodged the appeal in May 2005 against deemed refusal. In June 2005 the council received a planning report from its staff, recommending refusal. The council accepted the recommendation and refused the application. The applicant lodged the appeal in May 2005.