JML Designs v Blue Mountains City Council [2008] NSWLEC 1244

Land and Environment Court of New South Wales

CITATION : JML Designs v Blue Mountains City Council [2008] NSWLEC 1244

APPLICANT JML Designs Pty Limited PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 11266 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- erection of a dwelling - bushfire protection

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blue Mountains City Council Local Environmental Plan 1991

DATES OF HEARING: 29/05/08

EX TEMPORE JUDGMENT DATE : 29 May 2008

APPLICANT Mr R O'Gorman- Hughes, barrister SOLICITORS Yates Beaggi LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

29 May 2008

11266 of 2007 JML Designs v Blue Mountains City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application X/666/2007 by Blue Mountains City Council (the council) for the erection of a two storey dwelling at Lot 17, The Links Road, Leura (the site).

2 I acknowledge that the parties have spent considerable time in addressing the often conflicting objectives of providing bushfire protection through fuel reduced areas and retaining existing significant vegetation with the result that the only issue in the proceedings is the adequacy of the northern Asset Protection Zone (APZ) for the proposed dwelling.