The Commissioner upheld a Class 1 appeal against refusal of a residential alterations and additions DA following a s 34 conciliation conference, granting consent on amended plans agreed between the parties. The decision applied the two-limb McMillan v Taylor test, confirming the parties had reached agreement and that the decision was one the Court could make in the proper exercise of its functions. No merits assessment under s 4.15 of the EPA Act was undertaken, the Commissioner confining the analysis to jurisdictional prerequisites including coastal management (SEPP Resilience and Hazards Ch 2), biodiversity and conservation (SEPP BC Ch 6), contamination, and compliance with LEP development standards.
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