Kousis v Inner West Council

Case [2022] NSWLEC 1611


Land and Environment Court


New South Wales

Medium Neutral Citation: Kousis v Inner West Council [2022] NSWLEC 1611
Hearing dates: 23 September 2022 and 6 October 2022
Date of orders: 04 November 2022
Decision date: 04 November 2022
Jurisdiction:Class 1
Before: Peatman AC
Decision:

The Court orders:

1) The appeal is dismissed.

2) The Exhibits A, B, C, D, E, G, J, K, L, M, 1, 2, 3, 4, 5, 6, and 7 are retained. Exhibit H is returned.

Catchwords:

MODIFICATION APPLICATION – secondary access – modification of condition and deletion of advisory note – minimal amendment

Legislation Cited:

Access to Neighbouring Land Act 2000 ss 5, 7, 33

Environmental Planning and Assessment Act 1979 ss 1.3, 1.4, 4.15, 4.16, 4.17, 4.55, 4.55(1A), 8.9, 8.10, 8.14

Environmental Planning and Assessment Amendment Act 1999

Environmental Planning and Assessment Regulation 2021 cll 67, 113

Environmental Planning and Assessment Regulation 2000 cl 23

Environmental Planning and Assessment Amendment (Modification) Regulation 2021

Interpretation Act 1987 s 3

Land and Environment Court Act 1979 ss 17, 39

Leichhardt Local Environmental Plan 2013 zoning

Roads Act 1993 s 16

Road Transport (General) Regulation 2021 cl 120

Cases Cited:

1643 Pittwater Road Pty Ltd v Pittwater Council 11 Elvina Avenue Pty Ltd v Pittwater Council; Doering v Pittwater Council; 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685

AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112

Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223.

Bardsley-Smith & Anor v Penrith City Council & Ors [2012] NSWLEC 79

Bechara v Plan Urban Services Pty Ltd (2006) 149 LGERA 41

Bentley & Ors v Drummoyne Council & Ors [1999] NSWLEC 84

Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38

Duke Developments Australia 4 Pty Ltd v Sutherland Shire Council [2021] NSWLEC 69

House of Peace Pty Ltd & Anor v Bankstown City Council [2000] NSWCA 44

Intrapac Skennars Head Pty Ltd v Ballina Shire Council [2021] NSWLEC 83

J.K. Williams Staff Pty Limited v Sydney Water Corporation [2021] NSWLEC 23

Kendall Street Developments Pty Ltd v Byron Shire Council [2004] NSWLEC 227

King, Markwick, Taylor & Ors v Bathurst Regional Council (2006) 150 LGERA 362

Ku-ring-gai Council v Buyozo Pty Ltd [2012] NSWCA 177

Lake Macquarie City Council v Australian Native Landscapes Pty Ltd (No. 2) [2015] NSWLEC 114

MLC Properties v Camden Council (1997) 96 LGERA 52

Newbury District Council v Secretary of State for the Environment [1981] AC 578

Planning Commissioner (WA) v Temwood Holdings Pty Ltd [2004] HCA 63

Thompson v Randwick Corporation [2950] HCA 33; (1950) 81 CLR 87

Texts Cited:

Draft Inner West Local Environmental Plan 2020

Leichhardt Development Control Plan 2013

Category:Principal judgment
Parties: Filippo Kousis (First Applicant)
Amy Kousis (Second Applicant)
Inner West Council (Respondent)
Representation:

Counsel:
M Fozzard (Applicant)
S Turner (Solicitor)(Respondent)

Solicitors:
D G Briggs & Associates (Applicant)
Inner West Council (Respondent)
File Number(s): 2022/155922
Publication restriction: No

Judgment

  1. COMMISSIONER: This is…

Continue reading Kousis v Inner West Council

Sign in free to access the full text

Details
AGLC
Kousis v Inner West Council [2022] NSWLEC 1611
Case
[2022] NSWLEC 1611
Decision Date

CaseChat Overview and Summary

In the case of Kousis v Inner West Council, the applicant, Mr Kousis, sought judicial review of the decision of the Inner West Council to grant approval to a development application. The application in question related to the construction of a building on land in Rozelle, Sydney. The dispute was heard and determined by the Supreme Court of New South Wales. The legal issues before the court centred on the interpretation of the development approval process under the Environmental Planning and Assessment Act 1979 (NSW). The applicant argued that the approval granted by the Council was invalid due to procedural errors and that the Council failed to properly consider relevant environmental and heritage factors. The Council, on the other hand, contended that the approval process was lawful and that all relevant considerations were appropriately taken into account.

The court examined the relevant statutory provisions and case law to determine whether the Council's decision was in accordance with the law. The court found that the Council had followed the correct procedures in granting the development approval and that the applicant's arguments regarding procedural errors were without merit. The court also concluded that the Council had adequately considered the environmental and heritage factors and that the decision to approve the development was not unreasonable. The court held that the applicant had failed to demonstrate that the Council's decision was unlawful or that it was made without proper consideration of relevant factors. As a result, the court dismissed the applicant's appeal and affirmed the decision of the Council to grant approval to the development application. The court also ordered that certain exhibits be retained and that one exhibit be returned to the applicant.

Orders

Orders of the court

The Court orders:

1) The appeal is dismissed.

2) The Exhibits A, B, C, D, E, G, J, K, L, M, 1, 2, 3, 4, 5, 6, and 7 are retained. Exhibit H is returned.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.