Harrison v Manly Council [2005] NSWLEC 368

Harrison v Manly Council [2005] NSWLEC 368

The proposed window would have a moderate but unjustified impact on the privacy of the neighbouring property because it is unnecessary; therefore, the impact cannot be justified and application for the window must be refused.

Parties
Applicant: Gregory Harrison; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
07 July 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Privacy of Neighbours
Planning Law Development Application Privacy of Neighbours

Case Brief

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Parties

Gregory Harrison

Applicant

Manly Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed window would cause unacceptable loss of privacy to the neighbouring property

Ratio Decidendi

The proposed window would have a moderate but unjustified impact on the privacy of the neighbouring property because it is unnecessary; therefore, the impact cannot be justified and application for the window must be refused.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development application to construct a window in the western wall of the main bedroom of No 26 Edgecliffe Esplanade, Seaforth is determined by refusal.