Pinot v Warringah Council [2008] NSWLEC 1189

Pinot v Warringah Council [2008] NSWLEC 1189

The balcony enclosure satisfies statutory requirements for private open space given the main living room’s access to a large terrace; enclosure is permissible provided symmetry is maintained by a matching enclosure in unit 36, and conditions for Building Code compliance and works completion are met.

Parties
Applicant: Tracy Pinot; Respondent: Warringah Council
Jurisdiction
Australia
Judgment Date
19 May 2008
Procedural Posture
Appeal / Hearing Adjourned Pending Further Submissions
Outcome
Hearing adjourned; no final orders issued
Legal Topics
Building Certificate Refusal, Balcony Enclosure, Streetscape Character, Private Open Space, Building Code of Australia Compliance, Precedent
Environmental Planning and Building Regulation Building Certificate Refusal Balcony Enclosure Streetscape Character Private Open Space Building Code of Australia Compliance Precedent

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Parties

Tracy Pinot

Applicant

Warringah Council

Respondent

Procedural Posture

Appeal / Hearing Adjourned Pending Further Submissions

Legal Issues

  1. 1 Refusal of Building Certificate for balcony enclosure
  2. 2 visual and streetscape impact
  3. 3 private open space requirement

Ratio Decidendi

The balcony enclosure satisfies statutory requirements for private open space given the main living room’s access to a large terrace; enclosure is permissible provided symmetry is maintained by a matching enclosure in unit 36, and conditions for Building Code compliance and works completion are met.

Court Disposition

Hearing adjourned; no final orders issued

Orders

  • Hearing adjourned to a date to be fixed.
  • Parties to appear at Mention at 4:30pm 25 August 2008 to advise progress.