DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — orders
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979 (NSW), the Court must dispose of proceedings in accordance with the parties' agreement reached at conciliation if that agreement is a decision the Court could have made in the proper exercise of its functions; no merit assessment of the disputed issues is required.
2The scheme for a permit to clear vegetation under Pt 2.3 of the Biodiversity SEPP is separate from the development consent scheme under the EPA Act; where development consent is required, a permit cannot be issued under the Biodiversity SEPP (following Stewart v Inner West Council [2023] NSWLEC 136).
3Under s 8.5(4) of the EPA Act, a changed determination on a review application replaces the original determination on the date it is registered on the NSW planning portal, constituting a fresh determination against which an appeal may be brought (following Urban Link Architects Pty Ltd v City of Parramatta Council (2024) 263 LGERA 21; [2024] NSWLEC 113).
