Frith v Blue Mountains City Council

Land and Environment Court New South Wales Case Title: Frith & Anor v Blue Mountains City Council Medium Neutral Citation: [2014] NSWLEC 1134 Hearing Date(s): 18 June 2014 Decision Date: 01 July 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development Application: development standards, whether SEPP 1 objection is required, bulk, scale, character Legislation Cited: Blue Mountains Local Environmental Plan 2005; State Environmental Planning Policy No 1 - Development Standards; Land and Environment Court Act 1979; Environmental Planning and Assessment Act; Civil Procedure Act 2005 Cases Cited: Strathfield Municipal Council v Poynting [2001] NSWCA 270 Texts Cited: Blue Mountains Better Living Development Control Plan Category: Principal judgment Parties: Douglas William Frith Roby Anne Frith (Applicants) Blue Mountains City Council (Respondent) Representation - Solicitors: Mr D Frith (Litigant in Person) Mr A Seton Marsdens Law Group File Number(s): 10227 of 2014 JUDGMENTMr and Mrs Frith lodged Development Application X/827/2013 with Blue Mountains City Council seeking consent to construct a two storey dwelling house to create a detached dual occupancy. The removal of one tree within the site frontage is also proposed. The council refused consent and the Friths are appealing that decision. The site and its contextThe site of the application is Lot 117 in DP 1058423 and is known as No 21 Chapman Parade, Faulconbridge. It is a single regular shaped allotment having a total area of approximately 1288sqm with a splayed frontage to Chapman Parade of approximately 18m.A single storey dwelling house erected on an approximate...