Giordano v Leichhardt Municipal Council [2005] NSWLEC 278

Giordano v Leichhardt Municipal Council [2005] NSWLEC 278

Development consent should be granted for translucent glazed panels in timber framing above the balustrade to maintain privacy of neighbours, rather than allowing the balustrade to be reduced without glazed panels, as the latter would result in significant overlooking; landscaping is insufficient as a privacy screen in this scenario.

Parties
Applicant: Stephen Giordano; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
12 July 2005
Procedural Posture
Appeal Against Refusal of Development Application / Judgment at First Instance
Outcome
Appeal upheld; conditional development consent granted
Legal Topics
Development Applications, Balustrade Height, Privacy, Amenity, Building Certificate, Landscaping Requirements
Planning and Environment Development Applications Balustrade Height Privacy Amenity Building Certificate Landscaping Requirements

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Parties

Stephen Giordano

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Judgment at First Instance

Legal Issues

  1. 1 Whether development consent should be granted to reduce the balustrade height and extend the polycarbonate roof
  2. 2 Effect of proposed changes on privacy and amenity of adjoining neighbours
  3. 3 Interpretation and effect of building certificates and previous consents

Ratio Decidendi

Development consent should be granted for translucent glazed panels in timber framing above the balustrade to maintain privacy of neighbours, rather than allowing the balustrade to be reduced without glazed panels, as the latter would result in significant overlooking; landscaping is insufficient as a privacy screen in this scenario.

Court Disposition

Appeal upheld; conditional development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted for the erection of translucent glazed panels in timber framing above the existing vertical louvred timber balustrade around the rear of the deck so that the top of the timber framing is approximately 1.7 m above the floor of the deck, and for the extension of the polycarbonate roofing...