The Court upheld a Class 1 appeal against a deemed refusal of a development application for partial demolition and alterations to a dwelling in the Petersham North Heritage Conservation Area, granting consent following a conciliation conference under s 34AA of the LEC Act. The parties resolved heritage concerns by amending the proposal to retain the front portion of the existing contributory dwelling and confining additions to the rear, and addressed geotechnical issues through a tanked contiguous pile basement design. The Commissioner was satisfied under s 34(3) that the agreed decision, including conditions addressing heritage conservation, stormwater management, privacy, solar access and tree canopy coverage, was one the Court could have made in the proper exercise of its functions.
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