Could puffing on a cigarette or throwing a snag on the barbie be under threat after a significant decision by the NSW Court?
In short, a couple who owned an apartment in Kingscliff, Northern Rivers NSW took their neighbours to the NSW Civil and Administrative Tribunal (NCAT) for smoking on their balcony.
The couple accused their neighbours of smoking on the balcony causing smoke drift which leaked through to the couples’ apartment air vents and their doors and windows, despite them being closed.
NCAT ruled in the couple’s favour stating that the neighbours (or any guests) were no longer permitted to smoke on their balcony.
Could this landmark ruling set a precedent for future smoke drift cases and perhaps result in a statewide ban for smoking on balconies in NSW and… could the good old ‘Aussie BBQ’ also be under threat?
Do you need a ‘smoke drift’ by-law or is it time to review your ‘smoke drift’ by-law?
The full media article can be read her