NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Domazet v Eurobodalla Council [2011] NSWLEC 1325 Hearing dates: 6 October 2011 Decision date: 16 November 2011 Jurisdiction: Class 1 Before: Smithson AC Decision: 1.The appeal is dismissed. 2.Modification Application M859/08 under s 96 of the Environmental Planning and Assessment Act for additions and alterations to an existing dwelling at 70 Yugura Street is refused. 3.The exhibits are returned to the parties with the exception of Exhibits A and 1. Catchwords: DEVELOPMENT MODIFICATION - dwelling height, dwelling roof shape and height, view sharing and loss, public interest, substantially the same as approved development Legislation Cited: Environmental Planning and Assessment Act 1979 Eurobodalla Urban Local Environmental Plan 1999 Eurobodalla Development Control Plan 2006 Cases Cited: Super Studio v Waverley Council [2004] NSW LEC 91 Tenacity Consulting v Warringah [2004] NSW LEC 140 Padfurn v North Sydney Council [2005] NSW LEC 444 Veloshin v Randwick Council [2007] NSW LEC 428 Category: Principal judgment Parties: Ivan Domazet (Applicant)
Eurobodalla Council (Respondent) Representation: Counsel C Ireland (Applicants)
N Simmons (Respondent) Solicitors Paul O'Sullivan, O'Sullivan Saddington Lawyers (Applicant)
Daryl Gray, Sparke Helmore Lawyers (Respondent) File Number(s): 10643 of 2011
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