Aggrieved Anchorage homeowner ponders legal action

Miriam Gurgel. Picture: Jon Hewson           d442959Miriam Gurgel in her bedroom with the property in question seen through her window. Picture: Jon Hewson. d442959
Miriam Gurgel. Picture: Jon Hewson         d442959Miriam Gurgel in her bedroom with the property in question seen through her window. Picture: Jon Hewson. d442959

THE Anchorage Estate resident whose property is being affected by a neighbouring extension is now considering taking legal action.

Last week the Courier reported how Miriam Gurgel and her family were considering leaving their Brindabella Loop home because of the shadow cast by a neighbouring property’s second storey extension.

Mrs Gurgel told the Courier this week that she was considering taking the matter to court after City of Rockingham officers visited her on Tuesday to discuss her concerns.

The City said the permit applications submitted for the additions to the home were assessed against the provisions of the R-Codes and against the Building Code of Australia.

The proposal complied with the provisions of the R-Codes according to the City, including overshadowing to neighbouring properties.

The City also said a shadow cast at midday on June 21 did not exceed 25 per cent of Mrs Gurgel’s property side and satisfied the relevant provisions, therefore the application could not be refused on that basis and did not require consultation.

Mrs Gurgel told the Courier that Tuesday was the first time anyone from the City had visited her property since the extension build began in April.

In a twist, the City also said that officers would attend the newly renovated property this week to ensure the construction complied with the original application.

“The City’s manager building services and one of our building surveyors will attend the property this week to speak with the owner-builder,” Mayor Barry Sammels said.

“While the additions to the structure comply with the R-Codes, (Mrs Gurgel) has concerns about her property being overlooked.

“The newly constructed building has obscure glass in the windows that face on to the neighbouring property, and in the application these windows are for rooms which are for a stairwell and a ‘store’ room.”

Mrs Gurgel has insisted she would not accept a compromise on the particular windows unless they were to remain permanently closed.