The Court upheld the appeal against deemed refusal and granted consent to a two-lot Torrens title subdivision at Macquarie Park following a s 34 conciliation conference, after the applicant amended the DA to include an indicative masterplan acceptable to Council. The Commissioner endorsed the parties' agreed position that no cl 4.6 variation request was required for the FSR exceedance on proposed Lot 2, relying on Investa Nominees (2) Pty Ltd v City of Sydney Council [2024] NSWLEC 1048, where cl 4.5(9) of the LEP is utilised to register a covenant preventing 'double dipping' of floor space across the subdivided lots.
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