NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Johnston v Blue Mountains City Council [2011] NSWLEC 1220 Hearing dates: 19, 20, 23 May 2011 Decision date: 08 July 2011 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions Catchwords: Development application; subdivision; access to bush fire prone land; tree removal and zone objectives Legislation Cited: Environmental Planning & Assessment Act 1979 Blue Mountains Local Environmental Plan 2005 Rural Fires Act 1997 State Environmental Planning Policy No 1: Development Standards Dividing Fences Act 1991 Conveyancing Act 1919 Cases Cited: BGP Properties v Lake Macquarie City Council [2004] NSWLEC 399 Cecil D Barker & Co v Blue Mountains City Council [2001] NSWLEC 244 Winton Property Group Ltd v North Sydney Council [2001] NSWLEC 46 Wehbe v Pittwater Council [2007] NSWLEC 827 Allen and anor v Cessnock City Council [2010] NSWLEC 1179 Texts Cited: Planning for Bushfire Protection 2006 Category: Principal judgment Parties: Ms B Johnston (Applicant)
Blue Mountains City Council (Respondent) Representation: Counsel Mr O'Gorman-Hughes (Applicant) Solicitors Yates Beaggi Lawyers (Applicant)
Mr A Seton (Respondent) Marsdens Law Group File Number(s): 10079 of 2011
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