Barrett and ors v Blue Mountains City Council [2011] NSWLEC 1341

Land and Environment Court New South Wales

Medium Neutral Citation: Barrett and ors v Blue Mountains City Council [2011] NSWLEC 1341 Hearing dates: 29, 30 September 2011, interim findings 13 October 2011,amended landscape plan 21 October 2011, council submissions 2 November 2011 Decision date: 02 November 2011 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld. 2. Development Application N X/443/2010 for the construction of a detached dual occupancy development at 47 St Georges Crescent, Faulconbridge is approved subject to the conditions in Annexure "A". 3. The exhibits are returned with the exception of 1 and B. Catchwords: DEVELOPMENT APPLICATION: construction of a detached dual occupancy development - breach of the secondary road setback and the unsuitability of the objection submitted under SEPP 1 - unacceptable impact on the character of the area by way of the loss of existing vegetation and the bulk and scale of the proposed buildings Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Terry Barrett, Kerrie Barrett, Colin May and Sharon May (Applicants)

Blue Mountains City Council (Respondent) Representation: Counsel Mr C Maley, solicitor (Applicant)

Mr A Seton, solicitor (Respondent) Solicitors Maclarens Lawyers (Applicant)