Koutsos & Anor v Manly Council [2016] NSWLEC 1121

Land and Environment Court New South Wales

Medium Neutral Citation: Koutsos & Anor v Manly Council [2016] NSWLEC 1121 Hearing dates: 9-10 March 2016 Date of orders: 06 April 2016 Decision date: 06 April 2016 Jurisdiction: Class 1 Before: 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 judgment Parties: 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 2015

Judgment 1. 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 1. 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 each street respectively. Site area is 465.4sqm. 2. The site currently contains a two storey building that was originally three terrace dwellings that were converted into a 22 room boarding house some time during the early to mid-20th century. That building is erected on an alignment of 1.219m to Darley Road and adjacent to the Ashburner Street property boundary at its northern extent and 1.71m across the southern portion of the building. A setback of approximately 7.6m is provided to the rear (southern) boundary with setbacks varying from 792mm to 2.515m provided along the eastern boundary. 3. The plans of the existing boarding house, Exhibit K, show the three buildings operate as independent units, each containing common kitchen and bathroom areas. Room sizes range from 7.7sqm to 29.1sqm. No on-site parking is provided. The council indicated that there is no consent that limits the number of lodgers in the existing boarding house. 4. A three storey mixed use building comprising ground floor retail area and units to the rear and above adjoins the site to the east with a three storey residential flat building to the immediate south of the site. 5. Development in the vicinity of the site comprises a mix of residential development ranging from single storey dwellings with pitched roof to four storey residential flat buildings of varied architectural style.