Williams v Blue Mountains City Council [2009] NSWLEC 1261

Land and Environment Court of New South Wales

CITATION : Williams v Blue Mountains City Council [2009] NSWLEC 1261

APPLICANT Ralph Douglas Williams PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 11243 of 2008

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Whether subdivision controls represent a prohibition or development standards

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

Blue Mountains City Council v Laurence Browning Pty Ltd [2006] NSWCA 331 CASES CITED: Strathfield Municipal Council v Poynting [2001] NSWCA 270 Bell v Shellharbour Municipal Council (1993) LGERA 429

DATES OF HEARING: 28 July 2009

DATE OF JUDGMENT: 7 August 2009

APPLICANT Mr I Hemmings (barrister) SOLICITOR Mr T Cork (solicitor) of McPhee Kelshaw Conveyancers LEGAL REPRESENTATIVES:

RESPONDENT Mr F Hicks (barrister) SOLICITOR Mr F Airbeaggi (solicitor) of Yates Beaggi Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

7 August 2009

11243 of 2008 Ralph Douglas Williams v Blue Mountains City Council

JUDGMENT Background. 1 This appeal was lodged against council's deemed refusal of a development application for a 6 lot residential subdivision and associated works at 53 Coughlan Road, Blaxland. A number of issues were identified for the appeal, which are summarised as follows: o Whether the development is prohibited? o Adequacy of information. o Bushfire risks. 2 During the appeal process, the applicant has applied to have the proposed number of lots reduced to 5. Also, the parties agreed to the appeal being undertaken in 2 stages with the initial stage being the determination of the first issue as to whether the proposal, in principle is prohibited.