NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Harvey v Kiama Municipal Council [2006] NSWLEC 520
APPLICANTS James Harvey and Deidre Harvey PARTIES : RESPONDENT Kiama Municipal Council
FILE NUMBER(S) : 10426 of 2006
CORAM: Murrell C
KEY ISSUES: Appeal :- Section 121 Order, conversion of a double garage to a living room, building setback, parking of vehicles, impact on streetscape and public interest
LEGISLATION CITED: Environmental Planning and Assessment Act s 121
DATES OF HEARING: 14/08/2006
EX TEMPORE JUDGMENT DATE : 08/14/2006
APPLICANT Mr M Mantei SOLICITORS LEGAL REPRESENTATIVES: Kells the Lawyers
RESPONDENT Mr C Fuller, manager development assessment Of: Kiama Municipal Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
14 August 2006
10426 of 2006 James Harvey and Deidre Harvey v Kiama Municipal Council
JUDGMENT This determination was given extemporaneously and it has been edited prior to publication
1 This is an appeal under s 121 ZK of the Environmental Planning Assessment Act (the Act) against the Kiama Council's issuing of an order to require the reinstatement of the original garage area shown in a building application that was originally approved in 1982 being DA No. 47/82. The property is located at 96 North Kiama Drive, Kiama Downs, and it adjoins a beachfront reserve to the beach.
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