MAC Adams and Anor and City of Joondalup

The applicants, MAC Adams and another, sought review of a decision by the City of Joondalup to refuse their planning consent for the removal of a balcony screen from their property located at Lot 2 (No 7A) West View Boulevard, Mullaloo. The City of Joondalup's decision was grounded in its adherence to the Residential Design Codes of Western Australia 2002, which mandates that overlooking from unenclosed outdoor active habitable spaces should comply with privacy requirements. Specifically, the City of Joondalup was concerned that the removal of the balcony screen would result in an unacceptably wide cone of vision, potentially affecting neighbouring properties and breaching privacy standards.

The primary legal issue before the court was whether the City of Joondalup's decision was justified under the Residential Design Codes of Western Australia 2002. The applicants argued that the removal of the balcony screen would not significantly alter the privacy of the neighbouring properties and that their outdoor living areas should be treated similarly to habitable rooms for the purposes of privacy considerations. The court had to determine if the City of Joondalup's interpretation and application of the Residential Design Codes were reasonable and lawful.

The court found that the City of Joondalup's decision was based on a reasonable interpretation of the Residential Design Codes of Western Australia 2002. The court held that the applicants' proposed removal of the balcony screen would result in an unacceptable breach of privacy for neighbouring properties, as it would significantly increase the cone of vision. The court further held that outdoor living areas should not be treated as habitable rooms for the purpose of privacy requirements, as they do not meet the same standards of enclosure and privacy as indoor habitable rooms. Consequently, the court dismissed the application for review, upholding the City of Joondalup's decision.