Super Studio v Waverley [2004] NSWLEC 91

Super Studio v Waverley [2004] NSWLEC 91

The combination of overlooking and increased potential for noise disturbance makes the roof terrace's impact unacceptable and unreasonable; approval is given only with the exclusion of the roof terrace and privacy screen.

Jurisdiction
Australia
Judgment Date
16 March 2004
Procedural Posture
Appeal Against Deemed Refusal of S96 Application / Judgment
Outcome
Appeal allowed in part
Legal Topics
['development Application' 's96 Application' 'precedent Value']
['planning and Environment'] ['development Application' 's96 Application' 'precedent Value']

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Procedural Posture

Appeal Against Deemed Refusal of S96 Application / Judgment

Legal Issues

  1. 1 ['Whether the proposed roof terrace and privacy screen should be permitted as amendments to development consent 156/01 under s96 of the Environmental Planning and Assessment Act 1979' 'Assessment of privacy and noise impacts' 'Consideration of precedent effect']

Ratio Decidendi

The combination of overlooking and increased potential for noise disturbance makes the roof terrace's impact unacceptable and unreasonable; approval is given only with the exclusion of the roof terrace and privacy screen.

Court Disposition

Appeal allowed in part

Orders

  • ['The application under s96 of the Environmental Planning and Assessment Act 1979 to amend development consent 156/01 is given consent with the exclusion of the roof terrace and privacy screen and subject to the conditions in Annexure A.' 'The exhibits are returned except Exhibits 2 and A.']