The Court upheld a Class 1 appeal against refusal of a dual occupancy development application on coastal land at Denhams Beach, granting consent following a s 34AA conciliation conference agreement. The Commissioner conducted only a jurisdictional check under s 34(3) of the LEC Act, confirming the agreement was a decision the Court could have made, without undertaking any merit assessment. The case involved coastal protection works requiring consideration of the Coastal Management Act 2016, SEPP (Resilience and Hazards) 2021 coastal provisions, and the Southern Regional Planning Panel as consent authority for regionally significant development.
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