Lloyd v Hornsby Shire Council [2005] NSWLEC 7

Land and Environment Court of New South Wales

CITATION : Lloyd v Hornsby Shire Council [2005] NSWLEC 7

APPLICANT David Lloyd

PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11223 of 2004

CORAM: Hoffman C

KEY ISSUES: Development Application :- New deck at rear of existing townhouse - overlooking - privacy

LEGISLATION CITED: Hornsby Shire Local Environmental Plan 1994

DATES OF HEARING: 11/01/2005 EX TEMPORE JUDGMENT DATE : 01/11/2005

APPLICANT Mr R Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr T Pickup, solicitor SOLICITORS Storey & Gough

JUDGMENT: ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

11 January 2005

11223 of 2004 David Lloyd v Hornsby Shire Council

JUDGMENT

1 This is the judgment in appeal 11223 of 2004 between David Lloyd and Hornsby Shire Council in regard to the refusal of a deck at the rear of unit 9 Nos. 40-42 Stanley Road, Epping. The applicant was represented by Mr Creighton and Mrs Lloyd attended the hearing on site on 11 January 2005. Mr Pickup represented the respondent council assisted by Mr G Mahony senior town planner of council. The hearing was also attended by Mrs R Morrison objector and resident of No. 14 Raymond Place and Ms D Quintal, student planner.

2 The proposal was for a deck between the rear of the townhouse and the back boundary that adjoined Nos. 14 and 16 Raymond Place. Due to the slope of the land the deck would be elevated above the ground so that in locations the top of the balustrade would be about level with the top of the fence. The proposed deck would come to within 1.3 m to 1.5 m of the boundary which means that persons standing on the deck near the balustrade would be able to see over into the backyards of the adjoining houses.