R.E.D. Industries v Blue Mountains City Council [2008] NSWLEC 1519

Land and Environment Court of New South Wales

CITATION : R.E.D. Industries v Blue Mountains City Council [2008] NSWLEC 1519

APPLICANT R.E.D. Industries Pty Limited PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 10522 of 2008

CORAM: Brown C

KEY ISSUES: Appeal :- appeal against conditions imposed on the approval for the use of an existing building for tourist accommodation - noise - numbers of patrons - car parking

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blue Mountains Local Environmental Plan 2005

DATES OF HEARING: 9/12/08

EX TEMPORE JUDGMENT DATE : 9 December 2008

APPLICANT Mr A White, solicitor SOLICITORS Benetatos White LEGAL REPRESENTATIVES: RESPONDENT Ms P Hudson, solicitor SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

9 December 2008

10522 of 2008 R.E.D. Industries Pty Limited v Blue Mountains City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against conditions imposed by Blue Mountains City Council (the council) on the approval of Development Application X/798/2007 on 30 April 2008 for the use of an existing building as tourist accommodation at 179-181 Wentworth Street, Blackheath (the site).

2 The hearing was conducted as an On Site Hearing and the judgement reflects the contents of the Statement of Facts and Contentions from the applicant and the council and the findings given on-site. The parties were directed to provide conditions that reflected the findings and these were finalised on 22 January 2009. Background 3 Development Application X/798/2007 provides for the use of an existing heritage building for tourist accommodation with the following features: o a permanent guesthouse with 8 guest bedrooms and the owner's permanent residence together where the use of the premises for weddings/functions or public access to a restaurant on the three weekends per month. o the maximum number of people at any time on the site is not to exceed 40 guests. o the approved hours of operation for the weddings/functions and the restaurant are Friday to Saturday 11 a.m. to 10 p.m. and Sunday 11 a.m. to 4 p.m. o a total of 13 on-site car parking spaces are provided with an additional 11 car parking spaces located on the road reserve. The site and surrounding area 4 The site comprises Lot 1 and Lot 2 in DP 7196 and Lot 5 in DP 655768 and has an area role of 4437 sq m. Existing development on the site consists of a large dwelling, tennis court, covered pergola and ancillary structures. The site currently operates as a guesthouse.