APPEAL — development application — subdivision of land into two Torrens title lots — multi dwelling housing proposed on one lot — dwelling on one lot — conciliation conference — agreement reached — orders made
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979, the test for approving a conciliation agreement is whether the decision is one the Court could have made in the proper exercise of its functions, which is concerned with jurisdictional constraints rather than an evaluative merits assessment — consistent with McMillan v Taylor (2023) 111 NSWLR 634.
2Where provisions of the State Environmental Planning Policy (Transport and Infrastructure) 2021 were repealed and relocated by the State Environmental Planning Policy Amendment (Concurrences and Consultations) 2026, the savings provision in s 4.46 of the SEPP (Planning Systems) 2021 requires development applications lodged before commencement to be determined under the pre-amendment instrument.
3The requirement under s 7.5 of the EPA Act and s 204 of the EPA Regulation 2021 to notify a proposed Voluntary Planning Agreement can be met after the grant of consent and prior to entry into the VPA, following Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9.
