The Court upheld a Class 1 appeal following a s 34 conciliation conference, granting consent for alterations and additions to a residential flat building adding two storeys and six units (including infill affordable housing) at Lidcombe, with three cl 4.6 variations to building height, FSR, and landscaped area standards. The Court accepted the parties' agreed position that the prior development consent (DA-276/2015) had physically commenced, applying Hunter Development Brokerage v Cessnock City Council, and that the infill affordable housing provisions of the Housing SEPP 2021 (including the 30% height and FSR bonuses under s 16) were properly engaged. No independent merit assessment was undertaken; the Commissioner adopted the parties' reasons under s 34(3) of the LEC Act.
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