Relation to the Development Site - Land and Environment Court - Law Assignment Help

Assignment Task :

The facts: the scenario for Part 1 of the assessment 

You have clients who live on a parcel of land on the top of a hill in the suburb of Hogwarts in the Randwick Council area. The rear of the house faces north. The rear walls of their house are largely floor to ceiling glass doors and windows. 

They currently enjoy almost uninterrupted panoramic views of the city skyline, extending from the Anzac Bridge to the Sydney Harbour Bridge to Kings Cross, some 10-12 kilometres to the north of your clients’ house. The view also encompasses an almost fairy-tale picture of a forested plain, interposed with buildings (including church steeples) and with the trees predominating, with the City skyline beyond. 

Your clients’ kitchen, living/family room and dining room all have the panoramic views, as does the rear yard. 

There is a pool in the yard and your clients, and their children, spend much of their waking hours in the yard or rear of the house 

Immediately to the north of your clients’ land is land at 25 Shrieking Shack's Road, Hogwarts (Development Site). The owner of the Development Site has lodged a development application with Randwick Council in relation to the Development Site for development described in the development application as an addition to an existing house and an attached flat. 

If built, the development will completely block your clients’ uninterrupted, panoramic views, from both inside while sitting and standing, and from the rear yard. 

Your clients’ rear yard, at its common boundary with the development block, has been built up by approximately 2.5-3 metres. That is, there is a drop of that height from the existing, built-up, ground level of your clients’ land and the existing ground level at the rear of the Development Site. The current house, other than a part of the roof, on the Development Site cannot be seen from your clients’ house or from the rear yard, other than from near the boundary fence and, even then, it has no impact on the view. 

The Development Site slopes steeply down to its front boundary on Shrieking Shack's Road. 

There is a large park on the other side of this road. The southern side of the road was originally developed in the 1920s and 30s for single dwelling house development. These houses (including the house on the Development Site) have little architectural merit and many of the other houses have been demolished over the last 10 or so years and replaced by 2-storey buildings, built into the hill side. The land immediately to the east of the Development Site has a one storey secondary dwelling in what had been its rear yard. The top of its roof is at a height equal to about the ground level of your clients’ rear yard. 

The developer proposes to extend the existing house on the Development Site with the view to selling it and to construct what the development application describes as a flat for her own use, to the rear of the extended existing house. If built, it will occupy most of the width of the block and the garages will be built under the flat at a level some metres above street level and the top floor of the flat will be approximately at the same level as the rear yard of your clients’ land. There will be a driveway sloping up the side of the land beside the existing house. A balcony is proposed for the rear of the proposed flat, accessed through large glass sliding doors leading off a living area. 

Part 1: The letter 

Orientation 

Development consent has been given to the neighbour’s proposed development described in the scenario (see Part A). Your clients, the owners of the property to the south of the Development Site, are less than happy. Your clients, when they see you, can relate no more facts than those set out in the scenario; the Planning Portal has crashed, and you are not able to ascertain any information from it in relation to the development site. 

Your task 

Having regard to what is set out in the orientation and the scenario, you are requested to prepare a succinct letter of advice to your clients: 

• saying whether they have any right or rights to seek redress from the Land and Environment Court (and, if not, why not); 

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