Michael Pollard v Blue Mountains Council [2017] NSWLEC 1597

Land and Environment Court New South Wales

Medium Neutral Citation: Michael Pollard v Blue Mountains Council [2017] NSWLEC 1597 Hearing dates: 23 October 2017 Date of orders: 25 October 2017 Decision date: 25 October 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. X/241/2016 for the construction of a two-storey dwelling and onsite sewage management system at 3 Binstead Street, Faulconbridge, is refused. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: whether the development application has adequately demonstrated that the development will not have an unacceptable impact on Aboriginal heritage. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Mr M. Pollard (Applicant) Blue Mountains Council (Respondent) Representation: Counsel: Self-represented (Applicant) Mr A. Seton solicitor (Respondent)

Solicitors: Marsdens Law Group (Respondent) File Number(s): 2017/142758 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. X/241/2016 for the construction of a two storey dwelling, solid fuel heater and onsite sewage management system (the proposal) at 3 Binstead Street, Faulconbridge (the site) by Blue Mountains City Council (the Council). 2. The appeal was subject to mandatory conciliation on 23 October 2017, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated and a hearing held forthwith, pursuant to s 34AA(2)(b)(i) of the LEC Act.