Eden Valley Holdings Pty Limited v Blue Mountains City Council

Land and Environment Court New South Wales Medium Neutral Citation: Eden Valley Holdings Pty Limited v Blue Mountains City Council [2014] NSWLEC 1258 Hearing dates:1-4 and 11 July 2014. Further submissions on 26 September 2014Decision date: 16 December 2014 Jurisdiction:Class 1Before: Tuor C Decision: 1. The appeal is dismissed.2. The development application (X/160/2013) for alterations and additions to an existing house for use as tourist accommodation at 19 Birdwood Avenue, Katoomba, is refused.3. The exhibits, except Exhibit 23, may be returned. Catchwords: DEVELOPMENT APPLICATION- alterations and additions to an existing house for use as tourist accommodation. Permissibility under heritage incentive clause (cl 25.6), impact on heritage significance, adequacy of bushfire management measures and impact of asset protection zone on native vegetation. Legislation Cited: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Rural Fires Act 1997 Rural Fires Amendment (Vegetation Clearing) Act 2014 Rural Fires Act Regulation 2013 State Environmental Planning Policy No. 1 - Development Standards State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Cases Cited: Fortunate Investments Pty Ltd v North Sydney Council [2001] NSWLEC 70 MacDonald v Mosman Municipal Council (1999) 105 LGERA 49 Category:Principal judgmentParties: Eden Valley Holdings Pty Limited (Applicant) Blue Mountains City Council (Respondent) Representation: Ms S Duggan SC (Applicant) Mr I Hemmings SC (Respondent) Conomos Legal (Applicant) McPhee Kelshaw (Respondent) File Number(s):10975 of 2013 JudgmentThis is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Blue Mountains City Council (council) of a...