MODIFICATION APPLICATION — residential flat building and town house development — conciliation conference — agreement reached — orders made
Quick Take
1Where parties to a Class 1 appeal against deemed refusal of a s 4.55(2) modification application reach agreement at a conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW), the Court must dispose of the proceedings in accordance with that agreement provided it is satisfied the decision is one the Court could have made in the proper exercise of its functions.
2A modification application that retains the essence of the originally approved development — here, minor design changes to townhouses, bedroom mix amendments, increased car parking and adjusted site coverage within a residential flat building and townhouse development — is substantially the same development for the purposes of s 4.56 of the Environmental Planning and Assessment Act 1979 (NSW).
