Frith & Anor v Blue Mountains City Council [2014] NSWLEC 1134

Land and Environment Court New South Wales

Medium Neutral Citation: Frith & Anor v Blue Mountains City Council [2014] NSWLEC 1134 Hearing dates: 18 June 2014 Decision date: 01 July 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development Application: development standards, whether SEPP 1 objection is required, bulk, scale, character Legislation Cited: Blue Mountains Local Environmental Plan 2005; State Environmental Planning Policy No 1 - Development Standards; Land and Environment Court Act 1979; Environmental Planning and Assessment Act; Civil Procedure Act 2005 Cases Cited: Strathfield Municipal Council v Poynting [2001] NSWCA 270 Texts Cited: Blue Mountains Better Living Development Control Plan Category: Principal judgment Parties: Douglas William Frith Roby Anne Frith (Applicants)

Blue Mountains City Council (Respondent) Representation: Mr D Frith (Litigant in Person)

Mr A Seton Marsdens Law Group File Number(s): 10227 of 2014

Judgment 1Mr and Mrs Frith lodged Development Application X/827/2013 with Blue Mountains City Council seeking consent to construct a two storey dwelling house to create a detached dual occupancy. The removal of one tree within the site frontage is also proposed. The council refused consent and the Friths are appealing that decision.

The site and its context 2The site of the application is Lot 117 in DP 1058423 and is known as No 21 Chapman Parade, Faulconbridge. It is a single regular shaped allotment having a total area of approximately 1288sqm with a splayed frontage to Chapman Parade of approximately 18m. 3A single storey dwelling house erected on an approximate setback of 21m stands on the site. The land falls moderately from the north west corner to the south east corner, with an increase in slope towards the rear of the site which is heavily landscaped. The front setback has been cleared of the majority of vegetation and a retaining wall has recently been constructed inside the eastern property boundary from the front of the site to the dwelling house. 4Development in the vicinity of the site comprises single and two storey dwelling houses erected on a variety of setbacks. The treatment of the front setbacks to the dwellings varies from formalised gardens to bush settings with significant vegetation. Springwood High School is located directly opposite the site.