NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Boyd Properties Melbourne Pty Ltd v Bega Valley Shire Council [2009] NSWLEC 1372
APPLICANT Boyd Properties Melbourne Pty Ltd PARTIES : RESPONDENT Bega Valley Shire Council
FILE NUMBER(S) : 10445 of 2009
CORAM: Fakes C
KEY ISSUES: APPEAL :- Demolition Order, fence, natural ground level
Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 LEGISLATION CITED: Bega Valley Local Environmental Plan 2002 Bega Valley Exempt and Complying Development Control Plan No: 4 Bega Valley Development Control Plan No. 1 - Residential Development
CASES CITED: Mark Makhoul v Parramatta City Council [2006] NSWLEC 386 Australand Holdings Limited v Parramatta City Council [2003] NSWLEC 229
DATES OF HEARING: 5 November 2009
DATE OF JUDGMENT: 13 November 2009
APPLICANT Mr P Boyd (litigant in person)
LEGAL REPRESENTATIVES: RESPONDENT Mr A Warren (solicitor) SOLICITOR Andrew Warren Associates
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C 13 November 2009
10445 of 2009 Boyd Properties Melbourne Pty Ltd v Bega Valley Shire Council
JUDGMENT 1 COMMISSIONER: This is an application pursuant to s121N Environmental Planning and Assessment Act 1979 (the Act) against an order made under s121B of the Act relating to a fence on the south western boundary of a property at 10 Main Street, Merimbula adjacent to 12 Main Street.
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