Ackerman v Blue Mountains City Council [2005] NSWLEC 261

Land and Environment Court of New South Wales

CITATION : Ackerman v Blue Mountains City Council [2005] NSWLEC 261

APPLICANT Sheila June Ackerman PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 11145 of 2004

CORAM: Brown C

KEY ISSUES: Development Application :- erection of dwelling house - height - bulk - scale - drainage conditions

Environmental Planning and Assessment Act 1979 Blue Mountains Local Environmental Plan No 4 LEGISLATION CITED: Blue Mountains Local Environmental Plan No 1991 draft Blue Mountains Local Environmental Plan 2002

DATES OF HEARING: 19/05/05

DATE OF JUDGMENT: 07/11/2005

EX TEMPORE JUDGMENT DATE : 05/19/2005

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Mr T Cork, solicitor SOLICITORS McPhee Kelshaw

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

11 July 2005

11145 of 2004 Sheila June Ackerman v Blue Mountains City Council

JUDGMENT 1 This is an appeal against the refusal of Development Application No. X03/0448 by Blue Mountains City Council (the council) for the erection of a two-storey dwelling at 42 Bullaburra Road, Bullaburra (the site).

2 The matter was conducted as s 34 Conference on 19 May 2005. The judgement outlines the oral reasons given for the approval of the development application on the day of the hearing. The conditions of approval were the subject of further discussion with a telephone mention on 3 June 2005 and a number of written submissions.