NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Cox v Newcastle City Council [2020] NSWLEC 1081 Hearing dates: 22-23 January 2020 Date of orders: 26 February 2020 Decision date: 26 February 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The appeal is dismissed; (2) Modification application DA 2015/0298.02 for construction of external additions to the ground floor porch and addition of two Velux roof windows at 65 Frederick Street, Merewether (Lot 200 DP 88297065) is refused. (3) The exhibits are returned with the exception of Exhibits 1 and 3. Catchwords: MODIFICATION APPLICATION – Heritage Item – whether the works have a detrimental impact on the significance of the heritage item – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Newcastle Local Environmental Plan 2012 Uniform Civil Procedure Rules 2005 Cases Cited: Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Texts Cited: Newcastle Development Control Plan 2012 Category: Principal judgment Parties: Jason Cox (Applicant) Newcastle City Council (Respondent) Representation: Counsel: J Cox (Litigant in person) (Applicant) A Pickles SC (Respondent)
Solicitors: Newcastle City Council (Respondent) File Number(s): 2019/133476 Publication restriction: No
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