O'Connor, Barry v Waverley Council [2007] NSWLEC 840

O'Connor, Barry v Waverley Council [2007] NSWLEC 840

A reduced size terrace of 16 square metres is reasonable as its secondary nature, limited and restricted stair access, separation from neighbouring properties, and proposed amendments, sufficiently address the council's noise amenity concerns.

Parties
Applicant: Barry O'Connor; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
17 December 2007
Procedural Posture
Section 96 Modification Application / Appeal of Council Decision
Outcome
appeal upheld
Legal Topics
Modification Application, Development Consent, Noise Impacts, Rooftop Terrace, Amenity
Planning and Environment Law Modification Application Development Consent Noise Impacts Rooftop Terrace Amenity

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Parties

Barry O'Connor

Applicant

Waverley Council

Respondent

Procedural Posture

Section 96 Modification Application / Appeal of Council Decision

Legal Issues

  1. 1 Whether a 22 square metre rooftop terrace is of excessive size and likely to cause adverse noise impacts on neighbours

Ratio Decidendi

A reduced size terrace of 16 square metres is reasonable as its secondary nature, limited and restricted stair access, separation from neighbouring properties, and proposed amendments, sufficiently address the council's noise amenity concerns.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The section 96 application for modification to the dwelling at 14 Loombah Road, Dover Heights is approved subject to the conditions in Annexure A.