Result

appellant. The Tribunal varied the decision of the Responsible Authority. Condition 1(b) was modified to require deletion of Bedroom 3 only (rather than both bedrooms 2 and 3) on the first floor of Dwelling...

Key principles

• The Tribunal found that the proposed first floor footprint containing both bedrooms 2 and 3 of Dwelling 1 was unacceptable in the context of the adjoining property at 7 Lord...
• The Tribunal determined that compliance with ResCode standards (including Standard B21 regarding overshadowing) is not an automatic approval, and that the Minimal Change Area...
• The Tribunal found that while deletion of both bedrooms 2 and 3 was not required, the deletion of bedroom 3 alone was an acceptable outcome because it would ensure the proposed...
• The Tribunal accepted that it was unreasonable to expect that a first floor would not be visible from the rear yard of Mr Kelly's property; the appropriate balance was struck by...

Issues before the court

• Whether condition 1(b) requiring deletion of bedrooms 2 and 3 on the first floor of Dwelling 1 was warranted to protect the amenity of adjoining...