Krivanek v Blue Mountains City Council [2004] NSWLEC 462

Land and Environment Court of New South Wales

CITATION : Krivanek v Blue Mountains City Council [2004] NSWLEC 462 APPLICANT Dr J F and Mrs P A Krivanek PARTIES : RESPONDENT Blue Mountains City Council FILE NUMBER(S) : 10343 of 2004 CORAM: Brown C Development Application :- consolidation of five lots into one relocation of an existing dwelling demolition of existing structurs KEY ISSUES: erection of 15 new dwellings strata subdivision of 16 dwellings heritage impact of dwelling relocation

State Environmental Planning Policy No. 5 LEGISLATION CITED: Blue Mountains Local Environemtnal Plan No. 4 Draft Blue Mountains Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 3/08/04 DATE OF JUDGMENT: 08/04/2004

APPLICANT Mr C Drury, solicitor SOLICITOR Phillips Fox

LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITOR Marsdens Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner Brown

4 August 2004

10343 of 2004 Dr J F and Mrs P A Krivanek –v- Blue Mountains City Council

JUDGMENT 1 This is an appeal against a refusal by the Blue Mountains City Council (the council) Development Application No XO2/1888 involving the consolidation of five lots into one lot, the relocation of an existing dwelling, the demolition of all other existing structures, the erection of fifteen new dwellings and the strata subdivision of the sixteen dwellings. The proposal development is designed for older people or people with a disability.