The Court upheld a Class 1 appeal against a deemed refusal and granted consent to a Torrens title subdivision of 1 lot into 4 residential lots following a s 34 conciliation agreement between the parties. The Commissioner was satisfied that the agreement was a decision the Court could have made in the proper exercise of its functions, having considered biodiversity impacts (including retirement of 2 biodiversity credits to offset impacts on Cumberland Plain Woodland), flood planning, contamination, and water catchment requirements. The case confirms the application of Stewart v Inner West Council [2023] NSWLEC 136 that the vegetation clearing permit scheme under Part 2.3 of SEPP (Biodiversity and Conservation) 2021 does not apply where development consent is required under the EPA Act.
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