Lavecky v Waverley Council [2021] NSWLEC 1805

Lavecky v Waverley Council [2021] NSWLEC 1805

The Court upheld the appeal and modified Development Consent No. DA-88/2019 because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Commissioner was satisfied the agreed decision was one the Court could make, the modified development remained substantially the same as the approved development, notification and design verification prerequisites had been met, and the Court had power to impose the agreed conditions including a condition requiring entry into the Voluntary Planning Agreement.

Jurisdiction
Australia
Judgment Date
24 December 2021
Procedural Posture
Class 1 Appeal Concerning an Application to Modify a Development Consent for a Residential Flat Building at 18 20 Allens Parade, Bondi Junction / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and an Agreement Between the Parties
Outcome
Appeal upheld; Development Consent No. DA-88/2019 modified.
Legal Topics
['modification Application' 'conciliation Conference' 'voluntary Planning Agreement' 'residential Flat Building' 'jurisdictional Prerequisites' 'substantially the Same Development']
['planning and Environment' 'development Consent Modification'] ['modification Application' 'conciliation Conference' 'voluntary Planning Agreement' 'residential Flat Building' 'jurisdictional Prerequisites' 'substantially the Same Development']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Concerning an Application to Modify a Development Consent for a Residential Flat Building at 18 20 Allens Parade, Bondi Junction / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and an Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could determine the modification application pursuant to s 4.56(1) of the Environmental Planning and Assessment Act 1979 in the exercise of the functions of the consent authority on the appeal.' 'Whether the development as modified was substantially the same development as the development for which consent was originally granted.' 'Whether the preconditions to the grant of the modification application were met, including notification and design verification requirements.' 'Whether the Court could impose a condition requiring entry into a Voluntary Planning Agreement.']

Ratio Decidendi

The Court upheld the appeal and modified Development Consent No. DA-88/2019 because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Commissioner was satisfied the agreed decision was one the Court could make, the modified development remained substantially the same as the approved development, notification and design verification prerequisites had been met, and the Court had power to impose the agreed conditions including a condition requiring entry into the Voluntary Planning Agreement.

Court Disposition

Appeal upheld; Development Consent No. DA-88/2019 modified.

Orders

  • ['The appeal is upheld.' 'Development Consent No. DA-88/2019 is modified in the terms in Annexure A.' 'Development Consent No. DA-88/2019 as modified by the Court is Annexure B.']