Yates and anor v Blue Mountains City Council [2013] NSWLEC 1174

Land and Environment Court New South Wales

Medium Neutral Citation: Yates and anor v Blue Mountains City Council [2013] NSWLEC 1174 Hearing dates: 2, 27 and 28 August 2013 Decision date: 29 August 2013 Jurisdiction: Class 1 Before: Moore SC Decision: (1)Pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 the applicants are to pay the costs of the Council thrown away as a result of each of the two amendments to the development application, with those costs to be as agreed or assessed. (2)The appeal is dismissed. (3)Development application X/171/2012 seeking consent for the construction of two tennis courts on top of the existing stormwater pond and associated stormwater control works on Lots 6, 7, 8, 9, 10, 12 and 14 in Deposited Plan 1135373 is determined by the refusal of development consent. (4)The exhibits, other than Exhibits A and 1, are returned. Catchwords: Neutral or beneficial effect on water quality (NorBE) Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Blue Mountains Local Environmental Plan 2005 Cases Cited: Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153; (2009) 169 LGERA 45 Groeneveld v Wollongong City Council [2009] NSWLEC 149 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: K Yates (First Applicant) S Soufiamlashi (Second Applicant)

Blue Mountains City Council (Respondent) Representation: Mr A Pickles, barrister (Applicants)