Stefanovic v Willoughby City Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Stefanovic v Willoughby City Council [2025] NSWLEC 1247

Hearing dates:

Conciliation Conference on 11 April 2025

Date of orders:

16 April 2025

Decision date:

16 April 2025

Jurisdiction:

Class 1

Before:

Espinosa C

Decision:

The Court orders:

(1) The application is approved.

(2) Development Consent No. DA-2023/78 granted by the Land and Environment Court on 12 March 2024 is modified as set out in Annexure A.

(3) Development Consent No. DA-2023/78, as modified, is contained in Annexure B.

Catchwords:

DEVELOPMENT APPEAL – modification application substantially the same development - conciliation conference – agreement between the parties - orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.55, 10.3

Land and Environment Court Act 1979, s 34

Environmental Planning and Assessment Regulation 2021, s 113, Sch 7

Cases Cited:

Canterbury-Bankstown Council v Realize Architecture Pty Ltd [2024] NSWLEC 31

Stefanovic v Willoughby City Council [2024] NSWLEC 1104

Category:

Principal judgment

Parties:

Jasmine Isabelle Stefanovic (Applicant)
Willoughby City Council (Respondent)

Representation:

Counsel:
M Parrino (Solicitor) (Applicant)
L Mulligan (Solicitor) (Respondent)

Solicitors:
Project Lawyers (Applicant)
Willoughby City Council (Respondent)

File Number(s):

2025/68831

Publication restriction:

Nil

Judgment

1. COMMISSIONER: This is a Class 1 Application to the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act) to modify a development consent DA-2023/78 granted by the Court in the matter Stefanovic v Willoughby City Council [2024] NSWLEC 1104.

2. On 12 March 2024, the Court granted development consent for demolition of existing dwelling and construction of a new three-storey dwelling, pool and associated site works (the Consent) on land at 44 Sunnyside Crescent, Castlecrag NSW 2068, known as Lot 175 in DP 13097 (the Site).

3. On 20 February 2025, the Applicant filed the Application Class 1 seeking to modify the Consent to provide for internal and external modification at the Site.

4. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, over which I presided on 11 April 2025.

5. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court approving the modification of development consent subject to conditions.

6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

7. The parties’ decision involves the Court exercising the function under s 4.55 of the EPA Act to modify a development consent granted by the Court.

8. There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties…