Sevenex Pty Limited v Blue Mountains City Council [2009] NSWLEC 1264

Land and Environment Court of New South Wales

CITATION : Sevenex Pty Limited v Blue Mountains City Council [2009] NSWLEC 1264

APPLICANT Sevenex Pty Limited PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 10089 of 2009

CORAM: Moore SC

KEY ISSUES: CONSTRUCTION AND INTERPRETATION - DEVELOPMENT APPLICATION - EXISTING USE - SECTION 97 APPEAL - WORDS AND PHRASES :-

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Standard Instrument (Local Environmental Plan) Order 2006 Exhibited Animals Protection Act 1986

DATE OF JUDGMENT: 6 August 2009

APPLICANT Mr T Hale SC INSTRUCTED BY Wellings Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr J Robson SC INSTRUCTED BY McPhee Kelshaw

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

6 August 2009

10929 of 2009 Sevenex Pty Limited v Blue Mountains City Council

JUDGMENT Introduction 1 SENIOR COMMISSIONER: Echo Point lookout at Katoomba is one of NSW's most frequently visited tourist locations. Approximately 160 m from the lookout is located a retail complex that trades under the name The Three Sisters' Plaza (the building). The site of the building (the site) is the only developed land on this side of Echo Point Road between Lilianfells Park and the entrance to the lookout. The site is on the edge of the escarpment and has an area of 1783 m². The site is wholly located within the Echo Point tourist precinct.