Koutsos v Manly Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Koutsos & Anor v Manly Council [2016] NSWLEC 1121 Hearing dates:9-10 March 2016Date of orders: 06 April 2016 Decision date: 06 April 2016 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: boarding house, parking, floor space ratio, height, impact on amenity, overshadowing, density, setbacks, whether compatible with the character of the locality. Legislation Cited: Manly Local Environmental Plan 2013; State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Manly Development Control Plan 2013 Category:Principal judgmentParties: Cecil Koutsos (First Applicant) Isabel Koutsos (Second Applicant)   Manly Council (Respondent) Representation: Counsel: Mr M Staunton (Applicants)   Solicitors: Mr T Sattler, Sattler & Associates Pty Ltd (Applicant) Ms J Hewitt, HWL Ebsworth Lawyers (Respondent) File Number(s):10830 of 2015Judgment Mr and Mrs Koutsos own a property known as 52-56 Darley Road, Manly and authorised the submission of Development Application DA154/15 to Manly Council seeking consent for alterations and additions to an existing boarding house to contain thirty seven (37) boarding rooms and one (1) manager’s accommodation room. The council refused consent on 15 October 2015 and the Koustsos are appealing that decision. The site and its context The property comprises three adjoining lots being Lots 1, 2 and 3 in DP 617419 which are located on the south western corner of Darley Road and Ashburner Street, Manly. The site is rectangular in shape with frontages of 16.029m and 29.085m to...