H D Squared Developments Pty Ltd ATF Leura Development Trust ABN 70 273 715 118 v Blue Mountains City Council [2020] NSWLEC 1227

Land and Environment Court New South Wales

Medium Neutral Citation: H D Squared Developments Pty Ltd ATF Leura Development Trust ABN 70 273 715 118 v Blue Mountains City Council [2020] NSWLEC 1227 Hearing dates: Conciliation conference on 10 March 2020 Date of orders: 21 May 2020 Decision date: 21 May 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition A1 of the conditions of consent at Annexure A to this agreement. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $17,700 by 1 November 2020. (3) Appeal upheld. (4) Development application DA X/595/2018 for the construction of a residential flat building comprising 24 units and basement car parking at 43-51 Great Western Highway, Leura is approved subject to the conditions annexed hereto and marked "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – residential development – amended plans – agreement between the parties – orders Legislation Cited: Blue Mountains Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) Texts Cited: Blue Mountains Development Control Plan 2015 Category: Principal judgment Parties: H D Squared Developments Pty Ltd ATF Leura Development Trust ABN 70 273 715 118 (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor) (Respondent)