The Commissioner dismissed the appeal against refusal of a DA to replace decorative timber panels with clear glazing on a first-floor west-facing window, finding that the proposal would create unacceptable overlooking into the private open space of the adjoining property from seated positions within the living room. The Court held that while the views gained would not differ substantially from existing standing views, the capacity for more constant overlooking from seated positions constituted a non-negligible privacy impact, and that reliance on landscape planting for screening was insufficient given variables of climate and maintenance. The improved outlook for the applicant's property did not justify the consequential loss of privacy and residential amenity to the neighbour.
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