INXS guitarist Kirk Pengilly and his wife, former surfing world champion Layne Beachley, have won a legal battle against a neighbour to redevelop their northern beaches home.
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Pengilly and Beachley's plans to build an addition to their Queenscliff property were opposed by their neighbour, Wendy Goyer, on the grounds her "small but charming view" would be wiped out.
The couple bought the three-bedroom home in 2007 for $2.6 million. It has expansive views of both Freshwater and Queenscliff beaches.
In August 2013 Warringah Council approved plans for alterations and additions to the 762 square metre Crown Road property despite an assessment finding Ms Goyer's views would be "destroyed".
Ms Goyer petitioned the council, saying the "petite framed view of the sea" is what gives her house its charm.
"In fact it was one of the major reasons that I purchased the house to begin with," she wrote.
"I simply fell in love with the view of the ocean complete with the occasional sailing boats and whales passing."
The Council initially "encouraged" Pengilly and Beachley to withdraw their development application with planning experts saying "a more skilful design could provide a similar development that could also preserve the views of [Ms Goyer's] property".
However, Pengilly and Beachley said "there are no other possible practical design alternatives suitable to maintain the unique design integrity of the building and give us the room that we require".
They argued Ms Goyer's view is "at best only a glimpse" from her bedroom and there are no views from anywhere else in the house.
In September 2013, Ms Goyer took the matter to the NSW Land and Environment Court.
On Wednesday Justice Rachel Pepper dismissed Ms Goyer's case.
She said the council had to consider not only the fact Ms Goyer's views would be completely wiped out, but that the view was not from her downstairs living area, was not "extensive or iconic" and it was vulnerable to being built out because of the street's unusual subdivision pattern.
Justice Pepper said while she had sympathy for Ms Goyer, it was not enough for her to successfully challenge the development approval.
Ms Goyer was ordered to pay the costs of the council and Pengilly and Beachley.
