The Court approved a s 4.55(8) modification of a development consent it had previously granted, following a s 34 conciliation agreement between the applicant and Camden Council. The Commissioner confirmed the modified development was substantially the same as originally approved under the Vacik test, and reiterated that evaluative considerations under s 4.15(1) are not jurisdictional constraints on the Court's power to dispose of proceedings under a s 34 agreement, consistent with McMillan v Taylor. The Court also applied Michael Standley to confirm that s 4.55 is a free-standing provision not subject to the statutory restrictions applicable under s 4.2(1)(b).
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