Djani v North Sydney Council [2007] NSWLEC 725

Land and Environment Court of New South Wales

CITATION : Djani v North Sydney Council [2007] NSWLEC 725

APPLICANT Ray Djani PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10811 of 2007

CORAM: Brown C

KEY ISSUES: Appeal :- modification to approval for alterations and additions to dwelling - balcony extension - amenity issues - acoustic and visual privacy

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 24/10/07

EX TEMPORE JUDGMENT DATE : 24 October 2007

APPLICANT Ms S Hill, solicitor SOLICITORS Susan Hill & Associates LEGAL REPRESENTATIVES: RESPONDENT Ms K Gerathy, solicitor SOLICITORS Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

24 October 2007

10811 of 2007 Ray Djani v North Sydney Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the refusal by North Sydney Council (the council) of an application to modify DA 604/04 for alterations and additions to an existing dwelling at 31 Darley Street, Neutral Bay (the site).

2 The proceedings were heard as an On Site Hearing on 24 October 2007 and the judgement reflects the contents of the Statement of Basic Facts and Contentions and the findings given on-site. Background 3 An application to modify DA 604/04 was approved by the council on 11 December 2006 (DA 604/04/2). Following an inspection of the site regarding an extension to the approved rear first level balcony, a further modification application was submitted to the council (DA 604/04/3) that included the extension of the rear first level balcony and other modifications to the approved plans. The council approved the modification application on 16 July 2007 however Conditions A4 and C13 state that no approval is given to the balcony extension. These conditions are the subject of the appeal. The development on the site 4 The alterations and additions to the existing dwelling approved by DA 604/04 and DA 604/04/2 have been largely carried out although the dwelling is vacant and construction work is still being undertaken on the dwelling. The rear balcony, as approved, has dimensions of 2.44 m x 7.5 m giving an area of some 18.3 sq m and has been constructed. The proposed balcony extension has dimensions of 1.8 m x 5.2 m giving an area of some 9.36 sq m and a total balcony area of 27.56 sq m. The proposed balcony extension is located on brick piers and has been formed up, including reinforcing mesh but the concrete slab has not been poured.