The Court upheld a Class 1 appeal by consent following a s 34 conciliation conference, granting development consent for demolition, subdivision of two lots into three, construction of semi-detached dwellings, and staged establishment of secondary dwellings at Girraween. The Commissioner accepted a cl 4.6 variation to the minimum 450m² site area standard under SEPP (Housing) 2021 s 53(2)(a) for detached secondary dwellings, where proposed lots were approximately 380-381m² each, on the basis that the Cumberland DCP 2021 itself adopted a 380m² minimum and the objectives of the standard could still be achieved. The decision confirms that where both parties agree on the application of cl 4.6 and the supporting documentation demonstrates compliance with cll 4.6(3)(a) and (b), the Court's jurisdictional satisfaction threshold under s 34(3) can be met without a full merits assessment.
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