The Court upheld two Class 1 development appeals following a s 34AA conciliation conference, granting consent for two new dwellings with swimming pools on proposed Lots 2 and 3 at 31 Chilton Parade, Wahroonga, after the parties reached agreement on amended plans and conditions resolving all contentions. The Court adopted the parties' agreed decision without conducting a merit assessment, being satisfied under s 34(3) of the LEC Act that the decision was one the Court could have made in the proper exercise of its functions, including that jurisdictional prerequisites under KLEP 2015 and the Biodiversity and Conservation SEPP were met. A minor cl 4.6 variation to the building height standard for Lot 3 was accepted as justified by localised site circumstances involving a temporary detention basin.
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