Ron C Dunkley & Associates and Daleport Pty Ltd v Blue Mountains City Council [2009] NSWLEC 1396

Land and Environment Court of New South Wales

CITATION : Ron C Dunkley & Associates and Daleport Pty Ltd v Blue Mountains City Council [2009] NSWLEC 1396 This decision has been amended. Please see the end of the judgment for a list of the amendments.

FIRST APPLICANT Ron C Dunkley & Associates

PARTIES : SECOND APPLICANT Daleport Pty Ltd

RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 10055 of 2009

CORAM: Murrell C - Sullivan AC

KEY ISSUES: DEVELOPMENT APPLICATION :- Community Title Subdivision: Impact on heritage item; impact on bushland; impact on existing approval and deferred commencement conditions.

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

DATES OF HEARING: 13 July 2009, 14 July 2009 and 10 August 2009

DATE OF JUDGMENT: 30 November 2009

FIRST AND SECOND APPLICANT Mr M Staunton (barrister) Ms J Wauchope (solicitor) SOLICITOR Gadens Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr T Cork (solicitor) SOLICITOR McPhee Kelshaw

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C and Sullivan AC

30 November 2009

10055 of 2009 Ron C Dunkley & Associates and Daleport Pty Ltd v Blue Mountains City Council

JUDGMENT 1 The applicant in these proceedings is seeking a community title subdivision of the former Sorensen's nursery known as No. 8-10 Herbert Street, Leura. The community title subdivision proposes 11 lots. The dwelling house built by Sorensen's on the land is to be retained on one lot and the nursery and former garden specimen on another lot and the dwellings on the remaining 6 lots with one dwelling per community title lot.