The Commissioner upheld a Class 1 appeal against refusal of a Torrens title subdivision application following a s 34 conciliation conference, granting consent for subdivision of one lot into two. The decision applied the McMillan v Taylor two-condition test for disposing of proceedings by agreement: that the parties reached agreement and that the decision is one the Court could make in the proper exercise of its functions. The Commissioner assessed compliance with LEP 2023 minimum lot size standards, coastal environment and coastal use area provisions under SEPP (Resilience and Hazards) 2021, biodiversity considerations, and essential services requirements under cl 6.9, finding all were satisfied on the amended plans.
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