DEVELOPMENT APPLICATION — dual occupancy — conciliation conference — agreement between the parties — orders
Quick Take
1Where parties reach agreement at a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (NSW), the Court must dispose of proceedings in accordance with that agreement under s 34(3) provided the decision is one the Court could have made in the proper exercise of its functions.
2A cl 4.6 variation to a minimum lot size development standard for dual occupancy may be justified where the objectives of the standard are achieved notwithstanding non-compliance and sufficient environmental planning grounds are demonstrated, even where the shortfall is significant (here, 488.2 m² against a 550 m² minimum).
