Murphy & Anor -v - Waverley Council [2009] NSWLEC 1386

Murphy & Anor -v - Waverley Council [2009] NSWLEC 1386

The amended stepped design for the privacy screen extension, including the reversed angling down of the louvers and reduction in height for some panels, sufficiently addresses concerns about amenity, compatibility, and privacy, such that there are no issues sufficient to warrant refusal of the application.

Parties
Applicant: Terrence Paul and Tracey Anne Murphy; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
23 November 2009
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
appeal upheld
Legal Topics
Development Approval, Privacy Screens, Residential Amenity, Building Controls
Planning Law Environmental Law Development Approval Privacy Screens Residential Amenity Building Controls

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Parties

Terrence Paul and Tracey Anne Murphy

Applicant

Waverley Council

Respondent

Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed extension to the privacy screen is compatible with surrounding development
  2. 2 Whether the extension maintains or enhances the amenity of the locality
  3. 3 Whether the impact on access to daylight and appearance is acceptable

Ratio Decidendi

The amended stepped design for the privacy screen extension, including the reversed angling down of the louvers and reduction in height for some panels, sufficiently addresses concerns about amenity, compatibility, and privacy, such that there are no issues sufficient to warrant refusal of the application.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • Development consent is granted for the extension of the existing privacy screens adjacent to the rear terrace of the dwelling house at 63 Belgrave Street, Bronte, subject to agreed conditions in Annexure A.