DEVELOPMENT APPLICATION — mixed use development — commercial premises — light industry — shops — supermarket — food and drink premises — clause 4.6 variation requests for height and floor space ratio — easement for drainage over adjoining property — conciliation conference — agreement between the parties — orders made
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979 (NSW), a Commissioner disposing of proceedings by agreement must be satisfied both that the parties have reached a decision and that the decision is one the Court could have made in the proper exercise of its functions, as articulated in McMillan v Taylor (2023) 111 NSWLR 634.
2A finalised Deed of Agreement to Grant Easement, though unregistered, can constitute sufficient evidence that adequate arrangements have been made for stormwater drainage services under cl 6.11 of the Bayside LEP 2021, provided a condition requires registration prior to issue of a Construction Certificate, following Georges River Council v Eskandar [2024] NSWLEC 98.
3Where a Water Supply Work approval under s 90 of the Water Management Act 2000 (NSW) is required for basement dewatering, it need not be obtained concurrently with the development application and may be sought outside the Integrated Development provisions of s 4.46 of the EPA Act.
