Koutsos v Northern Beaches Council [2025] NSWLEC 1110

Koutsos v Northern Beaches Council [2025] NSWLEC 1110

The Court upheld the appeal and approved the modification application, being satisfied that all statutory requirements and jurisdictional pre-requisites were met, that the modified development remained substantially the same, procedural fairness was accorded, and the public interest was observed.

Parties
First Applicant: Cecil Koutsos; Second Applicant: Isabel Koutsos; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
26 February 2025
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Decision
Outcome
Appeal upheld; modification application approved; development consent DA220/2013 modified subject to conditions.
Legal Topics
Development Consent Modification, Heritage Preservation, Public Participation, Zoning
Environmental Law Planning Law Administrative Law Development Consent Modification Heritage Preservation Public Participation Zoning

Case Brief

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Parties

Cecil Koutsos

First Applicant

Isabel Koutsos

Second Applicant

Northern Beaches Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference Decision

Legal Issues

  1. 1 Whether modification application MOD2024/0346 for DA220/2013 should be approved
  2. 2 Satisfaction of jurisdictional prerequisites under s 4.55 Environmental Planning and Assessment Act 1979
  3. 3 Procedural fairness accorded to objectors

Ratio Decidendi

The Court upheld the appeal and approved the modification application, being satisfied that all statutory requirements and jurisdictional pre-requisites were met, that the modified development remained substantially the same, procedural fairness was accorded, and the public interest was observed.

Court Disposition

Appeal upheld; modification application approved; development consent DA220/2013 modified subject to conditions.

Orders

  • The appeal is upheld.
  • Modification Application MOD2024/0346 for modification of DA220/2013 for extension of balconies and addition of roof terrace at 9-11 Victoria Parade, Manly, is approved and Development Consent No. DA220/2013 is modified subject to the conditions in Annexure A.