Barclay v Woollahra Municipal Council [2017] NSWLEC 1641

Barclay v Woollahra Municipal Council [2017] NSWLEC 1641

The amended roof terrace complied with the relevant height, setback, privacy and view-sharing controls, conditions adequately limited tiling and balustrade height, there was sufficient information to assess impacts, the privacy impacts were acceptable because there was no direct line of sight within 12m to relevant neighbouring private open space or habitable rooms, the moderate view loss to 1 Churchill Road was acceptable under the Tenacity view-sharing assessment, and approval would not create an undesirable precedent because roof terraces were contemplated by the WDCP 2015 and one already existed nearby.

Jurisdiction
Australia
Judgment Date
14 November 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Consent / Final Judgment After Hearing Pursuant to S 34 Aa(2)(b)(i) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application for Roof Terrace' 'view Sharing' 'visual and Acoustic Privacy' 'development Control Plan Compliance' 'undesirable Precedent']
['environmental Planning and Development Control' 'land and Environment Court Appeals'] ['development Application for Roof Terrace' 'view Sharing' 'visual and Acoustic Privacy' 'development Control Plan Compliance' 'undesirable Precedent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Consent / Final Judgment After Hearing Pursuant to S 34 Aa(2)(b)(i) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed roof top has an unacceptable impact on visual and acoustic privacy' 'Whether there is sufficient information to assess the impact of the proposal on the views of the neighbours' 'Whether the proposed roof top has an unacceptable impact on the views of neighbours' 'Whether the approval of the roof terrace will create an undesirable precedent']

Ratio Decidendi

The amended roof terrace complied with the relevant height, setback, privacy and view-sharing controls, conditions adequately limited tiling and balustrade height, there was sufficient information to assess impacts, the privacy impacts were acceptable because there was no direct line of sight within 12m to relevant neighbouring private open space or habitable rooms, the moderate view loss to 1 Churchill Road was acceptable under the Tenacity view-sharing assessment, and approval would not create an undesirable precedent because roof terraces were contemplated by the WDCP 2015 and one already existed nearby.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The development application (DA221/2016) for the addition of a roof terrace with an external spiral staircase at 6 Rawson Road, Rose Bay, is approved subject to the conditions in Annexure A.' 'Exhibits 1, 2 and 4 are returned.']