mofo – thanks for the additional information.
Regarding the privileges additionally granted under the Special By-Law (SBL) providing exclusive use of the rooftop area to your neighbours, as the NSW Strata Schemes Management Act (1996) and the NSW Environmental Planning & Assessment Act (1979) are both legally “superior” to the SBL, your neighbours will need the written consent of both your Owners Corporation and the Local Council before those privileges may be exercised.
What if the proposed balustrades were 3m high and coloured fluorescent orange?
Well…. that’s why Sect 65A of the NSW Strata Schemes Management Act (SCMA) requires works of the types proposed to be consented by way of a special resolution at a General Meeting of the Owners Corporation (not by the Executive Committee), where notwithstanding the special privileges, a vote in favour by ≥75% of those Owners in attendance (both personally and by proxy) would be required in order for the motion accepting the detail of your neighbour’s Development Application (DA) to pass.
If consent is then given, the Owners Corporation places its Common Seal on your neighbour’s Development Application (DA) in order to affirm that the requirements of the SCMA have been complied with, and it’s only then that Council will consider the DA.
So you have two (2) opportunities for input – one at the General Meeting and the second after the DA is lodged with Council, where in the former case you may wish to seek the prior support of other Residents, and in the latter case you must advise Council with prior notice of your interest and of your desire to comment just in case they regard the matter as a complying development.