Arnott v City of Sydney Council

Arnott brought a case against the City of Sydney Council in relation to an appeal regarding a development application for alterations and additions to an existing mixed-use building located at 40 Macleay Street, Potts Point. The dispute centred on the assessment of the proposal's impact on surrounding properties, particularly in terms of overshadowing, and compliance with the Building Code of Australia (BCA). The Local Court heard the appeal and needed to determine whether the proposed alterations and additions complied with the BCA and whether the impact on neighbouring properties, specifically regarding overshadowing, was acceptable.

The court had to decide if the proposed building works met the requirements set out in the BCA and the Environmental Planning and Assessment Regulation 2000. This included ensuring that adequate fire safety measures were in place, such as the submission of a Fire Safety Strategy Report and a Fire Safety Certificate, and that any alternative building solutions proposed were prepared by a suitably qualified person and met the BCA's performance requirements. Additionally, the court had to assess the impact of the proposed alterations on the overshadowing of nearby properties, particularly the Building Manager’s terrace at the March equinox, and determine if the impact was minor as the experts had agreed.

In its decision, the court upheld the appeal and approved the development application, subject to the conditions of consent outlined in Annexure ‘A’. The court found that the proposal increased the overshadowing on apartments 220 and 221, but the impact was very minor, and the increase in overshadowing on the Building Manager’s terrace at the March equinox was also minor. The court considered the evidence of the experts and concluded that the proposal met the BCA compliance requirements and did not significantly impact the neighbouring properties. The exhibits, other than exhibits D and E, were ordered to be returned.