Mihovilovic v Inner West Council [2024] NSWLEC 1437

Mihovilovic v Inner West Council [2024] NSWLEC 1437

The Court is satisfied that the modification application complies with legislative requirements, the development as modified is substantially the same as that originally approved, and the statutory preconditions, including consultation, notification, and consideration of submissions, have been met; hence, the modification application should be approved as agreed by the parties.

Parties
Applicant: Veronica Mihovilovic; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Class 1 Appeal / Final Judgment After Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to agreed conditions.
Legal Topics
Modification of Development Consent, Conciliation Conference, Development Conditions, Tree Removal, Residential Alterations and Additions
Planning and Environment Law Modification of Development Consent Conciliation Conference Development Conditions Tree Removal Residential Alterations and Additions

Case Brief

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Parties

Veronica Mihovilovic

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the modification application satisfies the requirements of s 4.55(2) Environmental Planning and Assessment Act 1979
  2. 2 Whether the modified development is substantially the same as originally approved
  3. 3 Notification and consideration of submissions

Ratio Decidendi

The Court is satisfied that the modification application complies with legislative requirements, the development as modified is substantially the same as that originally approved, and the statutory preconditions, including consultation, notification, and consideration of submissions, have been met; hence, the modification application should be approved as agreed by the parties.

Court Disposition

Appeal upheld; modification application approved subject to agreed conditions.

Orders

  • The appeal is upheld.
  • Development consent number DA/2022/0719 is modified in the terms at Annexure A by approval of Modification Application MOD/2023/0299.