Domingues v Randwick City Council [2018] NSWLEC 1610

Land and Environment Court New South Wales

Medium Neutral Citation: Domingues v Randwick City Council [2018] NSWLEC 1610 Hearing dates: 21 November 2018 Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Class 1 Before: Dixon SC Decision: (1) The appeal is dismissed. (2) The exhibits are returned with the exception of Exhibit 2. Catchwords: MODIFICATION of Development Consent to include a rooftop terrace – amenity impacts – overlooking and privacy – unacceptable precedent Legislation Cited: Randwick Local Environmental Plan 2012 Cases Cited: Super Studio v Waverley Council [2004] NSWLEC 91 Zhang v Canterbury City Council [2001] NSWCA 167 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Isabel Maria Domingues (First Applicant) Licinio Catre Dos Santos Domingues (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicants)

Solicitors: Tsolakis Solicitors (Applicants) A Seton, Marsdens Law Group (Respondent) File Number(s): 2018/151482 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. The applicants are constructing a new home at 13 Sackville Street, Maroubra pursuant to a development consent (DA/480/2016) issued by Randwick Council (Council) on 2 November 2016. 2. They now seek approval from the Court to modify the approved dwelling to incorporate a 27m2 rooftop terrace and glass balustrade on the north-eastern section of the main roof of the dwelling. The proposal can be understood from the amended plans which were substituted in the appeal (with the consent of the Council) on the morning of the hearing. They are marked Exhibit A. 3. In summary, the amended proposal introduces an aluminium and glass structure (referred to in the evidence as the box) onto the main roof and extending approximately 1.3m above the parapet located on the western side of the dwelling. The box is made from obscured glass panelling on its western elevation and clear glass on each other elevation. The roof is comprised of three clear glass panels, which slide open and operate as a hatch in order to allow entry onto the terrace from the stair below. A storage cupboard is also proposed within the box.