NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Jenkins v Clarence Valley Council [2014] NSWLEC 1009 Hearing dates: 19, 20 November 2013 Decision date: 17 January 2014 Jurisdiction: Class 1 Before: Pearson C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION - Detached extension to existing residence - Heritage item - Whether dwelling house - Whether development suitable for site - Impacts on heritage item - Classification of building Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 State Environmental Planning Policy (Affordable Rental Housing) 2009 Clarence Valley Local Environmental Plan 2011 Cases Cited: Ashfield Municipal Council v Australian College of Physical Education Ltd (1992) 76 LGRA 151 Blacktown City Council v Haddad [2012] NSWLEC 224 Burwood Municipal Council v Aboriginal Hostels Ltd (1979) 39 LGRA 150 Church of England Children's Homes Burwood v Burwood Municipal Council (1981) 43 LGRA 165 Dobrohotoff v Bennic [2013] NSWLEC 61 Jenkins v Clarence Valley Council [2013] NSWLEC 161 South Sydney Council v James (1979) 35 LGRA 432 Category: Principal judgment Parties: Peter Jenkins (Applicant) Clarence Valley Council (Respondent) Representation: Counsel Ms L M Saw (Applicant) Ms F Berglund (Respondent) Solicitors Thomsons Lawyers (Respondent) File Number(s): 10631 of 2013
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