The Court upheld the appeal and granted consent to an amended DA for demolition of a masonry dividing wall following a s 34 conciliation conference, finding all jurisdictional prerequisites satisfied. The Commissioner held that a prior NCAT decision under the Dividing Fences Act 1991 (which found the wall to be a sufficient dividing fence) was not a relevant consideration in the determination of a DA for demolition of a structure on the applicants' own land under the EPA Act. No merits assessment was undertaken, the Court disposing of the matter on the basis of the parties' agreed decision under s 34(3) of the LEC Act.
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