NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pinot v Warringah Council [2008] NSWLEC 1189
APPLICANT Tracy Pinot PARTIES : RESPONDENT Warringah Council
FILE NUMBER(S) : 10234 of 2008
CORAM: Hoffman C
KEY ISSUES: :- Refusal of Building Certificate for balcony enclosure, streetscape character, building design, private open space requirement, BCA compliance, precedent
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Building Code of Australia Warringah Local Environmental Plan, 2000
DATES OF HEARING: 19/05/2008
EX TEMPORE JUDGMENT DATE : 19 May 2008
APPLICANT Mr Tom Howard, barrister
LEGAL REPRESENTATIVES: RESPONDENT Mr A. Hudson, solicitor, of Wilshire Webb Staunton Beattie lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
19 May 2008
10234 of 2008 Pinot v Warringah Council
JUDGMENT 1 This is Appeal No. 10234 of 2008 between Tracy Pinot and Warringah Council in regard to the refusal to issue a Building Certificate for the partial enclosure of a balcony at unit 37, the fifth storey of No. 11-13 Oaks Avenue, Dee Why. 2 The onsite hearing was attended by: o Mr A. Hudson, solicitor for the respondent; o Ms A. Sutherland, town planner, o Mr Warwick Hunter, building surveyor and o Mr E. Juillard, in-house solicitor. 3 Attending for the applicant was: o Mr T. Howard, barrister, o Mr A. Ridgway, building surveyor, and o Ms Tracy Pinot and Mr J. Lovell, town planner. 4 The balcony enclosure is in the form of a glass sliding doors to the kitchen/dining room of the unit on to what was a large balcony. The larger glass doors which are quadruple sliding are erected along the outer edge of the balcony above, and run between a wall at one end and a corner column at the other. There is still part of the balcony about two square metres by two square metres outside these doors that overlooks Oaks Avenue. With the sliding doors open the dining room is open to this northern aspect. There is a smaller glass sliding door on the side return of the enclosure from the same column to the dining room wall and it gives access to a side terrace about 8 metres long by 1.5 metres that contains barbeque and planter box.
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