Tom Engel and Ann H Kocek v Blue Mountains City Council [2003] NSWLEC 402

> Land and Environment Court of New South Wales

CITATION : Tom Engel and Ann H Kocek v Blue Mountains City Council [2003] NSWLEC 402 APPLICANT Tom Engel and Ann H Kocek PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 10590 of 2003 CORAM: Hoffman C Development Application :- Refusal of s96 application to amend consent No. X/955/2000 for a twin geodesic domed house exceedance of height limit KEY ISSUES: visual impact privacy.

Blue Mountains Local Environmental Plan 1991 LEGISLATION CITED: State Environmental Planning Policy No. 1 Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 12/12/03 EX TEMPORE JUDGMENT DATE : 12/12/2003

APPLICANT Ms M-L Taylor, solicitor of Taylor Kelso

LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor of Marsdens

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10590 of 2003

Hoffman C

12 December 2003

Tom Engel and Ann H Kocek Applicant v

Blue Mountains City Council Respondent

Judgment

1. This was a class 1 appeal, No. 10590 of 2003 between T Englel, A Kocek and Blue Mountains City Council in regards to the refusal of the s 96 application to amend consent No. X/955/2000 for a twin geodesic domed house at Lot 29 DP1007065 being No. 37 Kingfisher Crescent, Bullaburra.