NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Moduplex v Tweed Shire Council [2008] NSWLEC 1455
APPLICANT Moduplex Pty Limited PARTIES : RESPONDENT Tweed Shire Council
FILE NUMBER(S) : 10628 of 2008
CORAM: Brown C
KEY ISSUES: Development Application :- Consent Orders - resident objectors - height - bulk/scale - excavation - view loss - access via unmade lane - safety - overlooking
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 20/10/08
EX TEMPORE JUDGMENT DATE : 20 October 2008
APPLICANT Ms S Hill, solicitor SOLICITORS Susan Hill & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
20 October 2008
10628 of 2008 Moduplex Pty Limited v Tweed Shire Council
JUDGMENT 1 COMMISSIONER: This matter comes before the Court for Consent Orders in relation to DA 06/0946 for the construction of a mixed residential and commercial development at 20 Marine Parade Kingscliff. The site is located within Zone 3(b) - General Business under Tweed Local Environmental Plan 2000 (LEP 2000) and the proposed use is permissible with consent within this zone.
2 With the agreement of the parties, the hearing was conducted on site and the judgement reflects findings given on-site on 20 October 2008.
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