Dukic v Mid Coast Council [2020] NSWLEC 1314

Land and Environment Court New South Wales

Medium Neutral Citation: Dukic v Mid Coast Council [2020] NSWLEC 1314 Hearing dates: 14 July 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) Leave is granted to rely on amended plans provided in Exhibit D. (2) The appeal is dismissed. (3) Development Application 356/2018 for construction of a multi-dwelling development comprising six (6) single storey dwellings with associated driveways, landscaping and civil works on Lot 7 Section 21 DP 758979, also known as 6 Gollan Ave, Tinonee is refused. (4) The exhibits are retained. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – consistency with character and streetscape – tree retention Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Greater Taree Local Environmental Plan 2010 Land and Environment Court Act 1979 State Environmental Planning Policy (Koala Habitat Protection) 2019 State Environmental Planning Policy No 44 – Koala Protection Texts Cited: Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (March 2020) Greater Taree Development Control Plan 2010 Category: Principal judgment Parties: Drago Dukic (First Applicant) Gospova Dukic (Second Applicant) Stevan Dukic (Third Applicant) Mid Coast Council (Respondent) Representation: Counsel: D Dukic (Self Represented Applicants) A Seton (Solicitor) (Respondent)