The Court upheld a deemed refusal appeal and granted development consent for a detached dual occupancy with swimming pools and strata subdivision at Mona Vale, following a s 34 conciliation conference at which the parties reached agreement. The Court confirmed jurisdictional prerequisites were satisfied — including owner's consent for stormwater easement works on neighbouring lots (relying on Botany Bay Council v Remath Investments), notification requirements, and compliance with PLEP 2014 zoning, lot size, and height controls — and disposed of the proceedings in accordance with the parties' agreed decision without considering the merits.
The full text is available to signed-in members.