Vrankovic v Waverley Council [2021] NSWLEC 1261

Vrankovic v Waverley Council [2021] NSWLEC 1261

The Court was satisfied that the agreed decision was one it could make in the proper exercise of its functions because the residential flat building was permissible with consent in the R3 Medium Density Development zone, the modification application retained compliance with affordable housing requirements and relevant SEPP provisions, the modified development was substantially the same as the original consent, no consultation or concurrence was required, notification and submissions had been considered, and the reasons for the original consent had been taken into account; therefore the proceedings were to be disposed of in accordance with the parties' s 34 agreement.

Jurisdiction
Australia
Judgment Date
19 May 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 to Modify Development Consent DA 236/2018 / Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application DA-236/2018/A approved subject to conditions in Annexure A.
Legal Topics
['modification Application' 'residential Flat Development' 'affordable Housing' 'conciliation Conference Agreement' 'substantially the Same Development']
['planning and Environment Law' 'development Consent Modification'] ['modification Application' 'residential Flat Development' 'affordable Housing' 'conciliation Conference Agreement' 'substantially the Same Development']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 to Modify Development Consent DA 236/2018 / Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Class 1 application to be an application pursuant to clause 8.9 of the Environmental Planning and Assessment Act 1979.' 'Whether Modification Application DA-236/2018/A could be approved under s 4.55 of the Environmental Planning and Assessment Act 1979.' "Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could make in the proper exercise of its functions."]

Ratio Decidendi

The Court was satisfied that the agreed decision was one it could make in the proper exercise of its functions because the residential flat building was permissible with consent in the R3 Medium Density Development zone, the modification application retained compliance with affordable housing requirements and relevant SEPP provisions, the modified development was substantially the same as the original consent, no consultation or concurrence was required, notification and submissions had been considered, and the reasons for the original consent had been taken into account; therefore the proceedings were to be disposed of in accordance with the parties' s 34 agreement.

Court Disposition

Appeal upheld; Modification Application DA-236/2018/A approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to amend their Class 1 application to be an application pursuant to clause 8.9 of the Environmental Planning and Assessment Act 1979.' 'The appeal is upheld.' 'Modification Application DA-236/2018/A to modify Development Consent DA-236/2018 is approved subject to the conditions set...