Vrankovic v Waverley Council [2021] NSWLEC 1261

Land and Environment Court New South Wales

Medium Neutral Citation: Vrankovic v Waverley Council [2021] NSWLEC 1261 Hearing dates: Conciliation conference on 3 May 2021 Date of orders: 19 May 2021 Decision date: 19 May 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) 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. (2) The appeal is upheld. (3) Modification Application DA-236/2018/A to modify Development Consent DA-236/2018 is approved subject to the conditions set out in Annexure A. Catchwords: MODIFICATION APPLICATION – amended plans – reduction in bulk and scale – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 13, 16A, 17 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 29 Waverley Local Environmental Plan 2012 Cases Cited: Jaimee Pty Ltd v Council of the City of Sydney [2010] NSWLEC 245 Texts Cited: Waverley Community Participation Plan 2019 Category: Principal judgment Parties: Aljosa Vrankovic (First Applicant) Gordana Vrankovic (Second Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicants) S Patterson (Solicitor) (Respondent)