Cominos v Newcastle City Council [2008] NSWLEC 1316

Land and Environment Court of New South Wales

CITATION : Cominos v Newcastle City Council [2008] NSWLEC 1316

APPLICANT Dion Cominos PARTIES : RESPONDENT Newcastle City Council

FILE NUMBER(S) : 10180 of 2008

CORAM: Brown C

KEY ISSUES: Appeal :- application to modify approval for the construction of a dwelling - additional bedroom area - loss of outlook and view - bulk and scale - overshadowing - loss of privacy

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Tenacity Consulting v Warringah [2004] NSWLEC 140

DATES OF HEARING: 20/06/08

EX TEMPORE JUDGMENT DATE : 20 June 2008

APPLICANT Mr M Staunton, barrister SOLICITORS Palmieri Law Firm

LEGAL REPRESENTATIVES: RESPONDENT Mr M Fraser, barrister Ms D Grant, solicitor

SOLICITORS Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

20 June 2008

10180 of 2008 Dion Cominos v Newcastle City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Newcastle City Council (the council) of an application to modify Development Consent No. 05/0776 for the construction of a dwelling at 7/230 Scenic Drive, Merewether Heights (the site).

2 The matter was initially conducted as a conciliation conference by Acting Commissioner Watts under s 34 of the Land and Environment Court Act 1979 on 17 April 2008 however in accordance with s 34(4) the conciliation conference was terminated as the parties did not reach agreement. A report was prepared setting out the issues in dispute in accordance with s 34(4)(a)(ii). The parties did not consent to Acting Commissioner Watts disposing of the proceedings with a further hearing. The reconvened s 34 conference was held on 20 June 2008 where following a further hearing, the proceedings were disposed of on-site. 3 The judgment reflects the Statement of Facts and Contentions, documents provided by the parties and the reasons given on site for my decision in accordance with s 34(5).