Maharishi's Global Administration through Natural Law Limited (ABN 20 001 342 301) v Blue Mountains City Council [2017] NSWLEC 1128

Land and Environment Court New South Wales

Medium Neutral Citation: Maharishi's Global Administration through Natural Law Limited (ABN 20 001 342 301) v Blue Mountains City Council [2017] NSWLEC 1128 Hearing dates: 20 and 21 February 2017 Date of orders: 15 March 2017 Decision date: 15 March 2017 Jurisdiction: Class 1 Before: Adam AC Decision: In file 2016/00161014 the appeal is dismissed. 1. Development application X/611/2015 for the construction of a dwelling house and associate works on Lot 207 is refused.

In file 2016/00161520 the appeal is dismissed. 1. Development application X/612/2015 for the construction of a dwelling house and associate works on Lot 208 is refused.

In file 2016/00161070 the appeal is upheld. 1. Development application X/709/2015 for the construction of a dwelling house and associate works on Lot 41 is approved subject to the conditions in Annexure "A". 2. The Exhibits other than A, B, C, D and 2 are returned. Catchwords: In matter 00161014 of 2016 DEVELOPMENT APPLICATION - dwelling house in bushland setting- permissibility- savings provision in LEP- weight given to LEP 2015 – agreement between experts – objector concerns – incompatible with LEP 2015 – Refused

In matter 00161520 of 2016 DEVELOPMENT APPLICATION - dwelling house in bushland setting- permissibility- savings provision in LEP- weight given to LEP 2015 – agreement between experts – objector concerns – incompatible with LEP 2015 – Refused

In matter 00161070 of 2016 DEVELOPMENT APPLICATION - dwelling house in bushland setting- permissibility- savings provision in LEP- weight given to LEP 2015 – agreement between experts – objector concerns – not incompatible with either LEP 1991 or LEP 2015 - Upheld Legislation Cited: Blue Mountains Local Environmental Plan 1991 Blue Mountains Local Environmental Plan 2015 Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Environment Protection and Biodiversity Conservation Act (Cwlth) 1999 Land and Environment Court Act 1979 Threatened Species Conservation Act 1995 Willoughby LEP 2011 Cases Cited: Alamdo Holdings Pty Limited v The Hills Shire Council [2012[ NSWLEC 1302 Anderson v Ballina Shire Council [2006] NSWLEC 76 BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Carstens v Pittwater Council [1999] NSWLEC 249 EMGA Mitchell McClellan Pty Limited v Byron Shire Council [2015] NSWLEC 1498 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Terrace Tower Holdings v Sutherland Shire Council [2003] 289 Texts Cited: Planning for Bush Fire Protection. NSW Rural Fire Service 2006 Category: Principal judgment Parties: Maharishi's Global Administration through Natural Law Limited (Applicant) Blue Mountains City Council (Respondent) Representation: Agent: Mr N Kirwan (Applicant) Solicitors: Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 2016/161014, 2016/161520, 2016/161070 Publication restriction: No