NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Nikolaidis v Pittwater Council [2007] NSWLEC 678
APPLICANT Leon and Brigitte Nikolaidis PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 10425 of 2007
CORAM: Tuor C
KEY ISSUES: Section 96 Application :- to amend development consent for a new dwelling by addition of a parapet Impact of height and bulk
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 28/09/2007
EX TEMPORE JUDGMENT DATE : 28 September 2007
APPLICANT Mr M Seymour, barrister SOLICITORS M D Nikolaidis & Co LEGAL REPRESENTATIVES: RESPONDENT Ms D Townsend, solicitor SOLICITORS Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
28 September 2007
10425 of 2007 Leon & Brigitte Nikolaidis v Pittwater Council
JUDGMENT 1 This is an appeal against the refusal by Pittwater Council (the council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 (the Act) to modify a development consent (N0135/02) to construct a new dwelling at 4 Princes Street Newport (the site). The dwelling is currently under construction and the application seeks to amend the approved plans to increase the height of the dwelling by adding a parapet, which is also partly constructed. 2 The site, its context, the history of the application and the planning controls are in the Statement of Facts and Contentions.
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