NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Marinkovic v Rockdale City Council [2006] NSWLEC 432
APPLICANT Milano Marinkovic PARTIES : RESPONDENT Rockdale City Council
FILE NUMBER(S) : 11622 of 2004
CORAM: Tuor C
Appeal :- Mixed use development KEY ISSUES: Existing use rights Impact on adjoining properties, solar access and view loss. Amended plans
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
CASES CITED: Marinkovic v Rockdale City Council [2006] NSW LEC 601; Tenacity Consulting v Warringah Council [2004] NSWLEC 140
DATES OF HEARING: 14-15/11/2006
EX TEMPORE JUDGMENT DATE : 11/15/2006
APPLICANT Mr P Tomasetti, barrister SOLICITORS D C Balog & Associates LEGAL REPRESENTATIVES:
RESPONDENT Mr J Cole, solicitor SOLICITORS Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
15 November 2006
11622 of 2004 Marinkovic v Rockdale City Council
PRELIMINARY JUDGMENT
1 COMMISSIONER: This is an appeal against the refusal by Rockdale City Council (the council) of a development application (DA657/04) under the Environmental Planning and Assessment Act 1979 (the Act) for a mixed use development at 140 The Grand Parade, Monterey (the site).
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