NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Aesthete No. 9 Pty Limited v Blue Mountains City Council [2017] NSWLEC 1199 Hearing dates: 29 and 30 November 2016 Date of orders: 21 April 2017 Decision date: 21 April 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:
(1) The appeal is upheld. (2) Development consent is granted to DA S/45/2015, subject to the conditions of consent attached as Annexure 'A'. (3) The exhibits are returned, with the exception of Exhibit 8. Catchwords: Development Application: subdivision of land from one to seventeen lots; creation of asset protection zones on easements and development excluded lands; SEPP 1 objection; interpretation of cl.34.1(c) of Blue Mountains City Council LEP 1991; weight to Blue Mountains City Council LEP 2015. Legislation Cited: Blue Mountains Local Environment Plan 1991 Blue Mountains Local Environment Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 State Environmental Planning Policy No. 1 - Development Standards Cases Cited: Wehbe v Pittwater Council (2007) NSWLEC 827 Texts Cited: Blue Mountains Development Control Plan 2012 Category: Principal judgment Parties: Aesthete No. 9 Pty Limited (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel:
A. Pickles SC (Applicant) T. Cork (Respondent)
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