NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Giles v Newcastle City Council [2024] NSWLEC 1028 Hearing dates: 24 January 2024 Date of orders: 1 February 2024 Decision date: 01 February 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 2022/01376, for alterations and additions to a dwelling house including a driveway layback and vehicular crossing and associated landscaping, at 145 Dawson Street, Cooks Hill, is refused. (3) The exhibits, other than Exhibit 2, are returned. Catchwords: DEVELOPMENT APPLICATION – hardstand in the front setback and driveway – detrimental impact on the heritage significance of the heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 34AA Newcastle Local Environmental Plan 2012, cl 5.10, Sch 5, Pt 2 Texts Cited: Newcastle Development Control Plan 2012 Newcastle Development Control Plan 2023 Category: Principal judgment Parties: Carla Giles (First Applicant) Douglas James Giles (Second Applicant) Newcastle City Council (Respondent) Representation: Counsel: P Jayne (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)
Solicitors: SWS Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2023/319651 Publication restriction: No
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