Neumann v Blue Mountains City Council [2007] NSWLEC 619

Land and Environment Court of New South Wales

CITATION : Neumann v Blue Mountains City Council [2007] NSWLEC 619

APPLICANT J A Neumann Pty Limited and ors PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 11245 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of an existing dwelling and the erection of a housing development for seniors or people with a disability - bushfire threat - streetscape - character - bulk/scale - access

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Seniors Living) 2004

DATES OF HEARING: 10, 11/09/07

DATE OF JUDGMENT: 12 September 2007

APPLICANT Mr J Atkin, barrister SOLICITORS McGrath Dicembre & Co LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsden Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

12 September 2007

11245 of 2006 J A Neumann Pty Limited and ors v Blue Mountains City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA XO5/0259 by Blue Mountains City Council (the council) for the demolition of an existing dwelling and the erection of a housing development for seniors or people with a disability at 94 Great Western Highway, Blaxland (the site). The site 2 The site is lot 1 in DP 790861. It has a frontage of 23.37 metres and depth of 53.63 metres and 65.63 metres, giving a total site area of 1,244 square metres. The site falls approximately 1 metre from front to rear. There are a number of trees on the site with the most significant being a liquidambar near the street frontage.