The Court upheld a deemed refusal appeal and granted development consent for a 10-lot residential subdivision at Rooty Hill following a s 34 conciliation agreement, after being satisfied that all jurisdictional prerequisites were met including biodiversity offset requirements under the BC Act, flood planning under cl 5.21 of the LEP, and contamination assessment under the Resilience SEPP. The Commissioner confirmed, consistently with Stewart v Inner West Council [2023] NSWLEC 136, that where development consent is required under the EPA Act for tree removal, a separate permit under Part 2.3 of the Biodiversity SEPP is not required. No merit assessment of the originally disputed issues was undertaken.
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