Ball I & K v Lake Macquarie City Council [2004] NSWLEC 742

Land and Environment Court of New South Wales

CITATION : Ball I & K v Lake Macquarie City Council [2004] NSWLEC 742 APPLICANT Ian Ball and Karen Ball PARTIES : RESPONDENT Lake Macquaire City Council

FILE NUMBER(S) : 11069 of 2004 CORAM: Hoffman C KEY ISSUES: Development Consent :- s 96 application to modify development consent - Neighbourhood and local context - Neighbourhood amenity and character - Privacy - Impacts on views

Lake Macquarie Local Environmental Plan 1984 LEGISLATION CITED: State Environmental Planning Policy No. 1 Lake Macquarie Local Environmental Plan 2004 CASES CITED: DATES OF HEARING: 9/12/2004 EX TEMPORE 12/21/2004 JUDGMENT DATE :

APPLICANT Mr P Hines, solicitor of Paul Hines Solicitors

LEGAL REPRESENTATIVES: RESPONDENT Mr P Rees, solicitor of Lake Macquarie City Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

21 December 2004

11069 of 2004 Ian Ball and Karen Ball v Lake Macquarie City Council

JUDGMENT 1 This was a class 1 appeal No. 11069 of 2004 between I & K Ball v Lake Macquarie City Council in regard to the refusal of a s 96 application to modify a development consent issued to permit the erection of a new two storey dwelling at No. 57 Dilkera Avenue, Valentine. The land was absolute water frontage to Lake Macquarie in a location called Croudace Bay. The house is almost at the completely constructed stage.