Hird v Blue Mountains City Council [2005] NSWLEC 329

Hird v Blue Mountains City Council [2005] NSWLEC 329

Subject to detailed conditions, including limiting functions to 50 people, deleting the gazebo, reviewing and updating the conservation management plan, and requiring specified noise and parking measures, the amended proposal satisfies the heritage incentive provisions of the LEP and draft LEP as the most appropriate way to conserve the item without unreasonable impact on amenity.

Parties
Applicant: Mr and Mrs Hird; Respondent: Blue Mountains City Council
Jurisdiction
Australia
Judgment Date
20 June 2005
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Judgment
Outcome
Appeal upheld; development application approved with conditions
Legal Topics
Development Application, Heritage Incentives Clause, Conservation Management Plan, Residential Amenity, Traffic and Parking, Noise and Privacy
Environmental Law Planning Law Heritage Law Development Application Heritage Incentives Clause Conservation Management Plan Residential Amenity Traffic and Parking +1 more

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Parties

Mr and Mrs Hird

Applicant

Blue Mountains City Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Judgment

Legal Issues

  1. 1 Whether the development application meets the requirements of cl 58(8) of Blue Mountains Local Environmental Plan 4 and cl 76 of the Draft LEP
  2. 2 Whether a conservation plan is required and satisfied by the submitted reports
  3. 3 Whether the heritage item is most appropriately conserved by the use of the proposed development

Ratio Decidendi

Subject to detailed conditions, including limiting functions to 50 people, deleting the gazebo, reviewing and updating the conservation management plan, and requiring specified noise and parking measures, the amended proposal satisfies the heritage incentive provisions of the LEP and draft LEP as the most appropriate way to conserve the item without unreasonable impact on amenity.

Court Disposition

Appeal upheld; development application approved with conditions

Orders

  • Parties to confer and file amended plans and conditions in accordance with the judgment within three weeks
  • Development application approved subject to deletion of the gazebo, functions limited to 50 people, updated conservation management plan, explicit noise and parking measures, and detailed conditions as outlined