Burrows & Faulkner v Lane Cove Council [2010] NSWLEC 1037

Burrows & Faulkner v Lane Cove Council [2010] NSWLEC 1037

The application of the Code limiting deck width to 3m is triggered only where privacy is an issue. Considering the objective of the Code, the evidence showed that the proposed modification, with appropriate privacy screens, would not significantly affect the privacy of the adjoining property. Therefore, the modification to delete the width limitation is justified and should be granted, with a condition amending the privacy screen design.

Jurisdiction
Australia
Judgment Date
24 February 2010
Procedural Posture
Appeal / Ex Tempore Judgment Following Onsite Hearing
Outcome
Appeal allowed (modification granted, subject to condition)
Legal Topics
['development Modification' 'privacy' 'elevated Decks' 'planning Controls']
['planning Law' 'environmental Law'] ['development Modification' 'privacy' 'elevated Decks' 'planning Controls']

Case Brief

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Procedural Posture

Appeal / Ex Tempore Judgment Following Onsite Hearing

Legal Issues

  1. 1 ['Whether modification to delete condition limiting deck width to 3m should be granted' 'Whether the proposed modification would result in adverse privacy impacts on adjoining residents']

Ratio Decidendi

The application of the Code limiting deck width to 3m is triggered only where privacy is an issue. Considering the objective of the Code, the evidence showed that the proposed modification, with appropriate privacy screens, would not significantly affect the privacy of the adjoining property. Therefore, the modification to delete the width limitation is justified and should be granted, with a condition amending the privacy screen design.

Court Disposition

Appeal allowed (modification granted, subject to condition)

Orders

  • ['Respondent to provide agreed terms of orders including amended privacy screen condition by 28 February 2010' 'Orders to be made in chambers on receipt']