Mihovilovic v Inner West Council [2024] NSWLEC 1437

Land and Environment Court New South Wales

Medium Neutral Citation: Mihovilovic v Inner West Council [2024] NSWLEC 1437 Hearing dates: Conciliation conference 17, 18 July 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Development consent number DA/2022/0719 is modified in the terms at Annexure A by the approval of Modification Application MOD/2023/0299. (3) Development consent number DA/2022/0719 for alterations and additions to a dwelling house at 31 John Street, Petersham, as modified by the Court is at Annexure B. Catchwords: MODIFICATION APPLICATION – amendments to deferred commencement conditions imposed on consent – conciliation conference – amended plans – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 98, 99, 100 Inner West Local Environmental Plan 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.10, Pt 2.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Veronica Mihovilovic (Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor)(Applicant) R Dunstan (Solicitor)(Respondent)