Hird v Blue Mountains City Council

Land and Environment Court (NSW)|2005-06-20

For the reasons given in my judgement, I find that subject to conditions, including that the functions be limited to 50 people and the deletion of the gazebo, the appeal can be upheld and the development application approved. Prior to final orders being issued the parties are to confer and file the following information within three weeks: (i) A complete set of the plans to be approved which incorporate the changes made by this judgement, Mr Kovacs and the noise experts (including the correct RL of 54.5m for the new guesthouse acoustic barrier) and any consequential amendments and an amended car park layout including the allocation of spaces. (ii) Amendments to the conditions detailed in paragraphs 73 and 97 of this judgement, agreed between the parties.

Liberty to restore within two days is granted if the parties do not agree on the amended plans or proposed conditions.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Hird v Blue Mountains City Council [2005] NSWLEC 329

CASES CITED: Hilley v Blue Mountains Council [2004] NSWLEC 412

At a glance

Court

Decision date

Source

Judgment (4 paragraphs)

Parties

Cases Cited (2)

Cited By (1)