APPEAL — Modification application — 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' agreed decision provided it is a decision the Court could have made in the proper exercise of its functions; the Court is not required to undertake a merit assessment of the issues originally in dispute.
2A modification application under s 4.56 of the EPA Act that reduces car parking from 11 to 7 spaces while retaining the same number of boarding rooms, and makes minor external changes, can remain 'substantially the same development' as that originally approved.
3Where amendments to a modification application arising from conciliation are minor in nature, re-notification under the applicable community engagement strategy may not be required.
