Conway and Amibeaggi v Blue Mountains City Council [2007] NSWLEC 419

Land and Environment Court of New South Wales

CITATION : Conway and Amibeaggi v Blue Mountains City Council [2007] NSWLEC 419

APPLICANT Vashti Elizabeth Conway and Farshad Amibeaggi PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 10811 of 2006

CORAM: Hoffman C

KEY ISSUES: Deemed Refusal :- three detached 2-storey disabled persons accessible house, bulk and scale, car parking and vehicular access, stormwater management, landscape settings and streetscape, privacy and public interest

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 20/04/2007 and 23/04/2007

DATE OF JUDGMENT: 12 July 2007

APPLICANT Mr A. Pickles, barrister Instructed by Mr F. Amibeaggi of Yates Beaggi LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

12 July 2007

10811 of 2006 Vashti Elizabeth Conway & Farshad Amibeaggi v Blue Mountains City Council

JUDGMENT 1 This is a Class 1 Appeal No. 10811 of 2006 between Elizabeth Conway Vashti and Blue Mountains City Council in regard to a deemed refusal of DA No.X/1240/2005 for three (3) detached 2-storey disable persons accessible houses at No. 36 Old Bathurst Road, Blaxland. THE SITE 2 Dimensions: The site is rectangular in shape with a slight splay corner on the southeast. A survey plan, prepared by Lovegrove Oxley Consultants, Plan No 64626 dated 24 June 2006, indicates dimensions of 48.16m to the eastern boundary along Reserve Avenue, 20.115m to the northern boundary, 51.815m to the western boundary and 16.46m to the southern boundary along Old Bathurst Road.