NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Okeby v Bega Valley Shire Council [2006] NSWLEC 540
APPLICANT Rosemary Hellena Okeby PARTIES : RESPONDENT Bega Valley Shire Council
FILE NUMBER(S) : 10553 of 2006
CORAM: Tuor C
KEY ISSUES: Development Consent :- s 96 application to amend condition of consent for dual occupancy development impact in views, view sharing
LEGISLATION CITED: Environmental Planning and Assessment Act Bega Valley Local Environmental Plan 2002
CASES CITED: Tenacity Consulting v Warringah Council [2004] NSWLEC 140
DATES OF HEARING: 21/08/2006
EX TEMPORE JUDGMENT DATE : 08/21/2006
APPLICANT Ms R Okeby, self represented
LEGAL REPRESENTATIVES: RESPONDENT Mr M McMahon, solicitor SOLICITORS M E McMahon & Associates
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
21 August 2006
10553 of 2006 Rosemary Hellena Okeby v Bega Valley Shire Council
JUDGMENT 1 This is an appeal against the refusal by Bega Shire Council (the council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 to amend Condition 2 of development consent 2005.0464 for a dual occupancy development at 107 Madeline Close, Tura Beach (the site).
2 Condition 2 states: 2. The proposed building being relocated on the 7.5 m building line to Madeline Court so as to help preserve a view corridor to the adjoining land to the west being Lot 106 DP 879266.
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