Appeal — further modification application of a consent granted by the Court — deemed refusal — conciliation conference — onsite view — agreement between the parties — substantially the same development as that for which consent was originally granted — orders made
Quick Take
1Under s 4.56(1)(a) of the EPA Act, a modification that reduces the extent of demolition, expands rooftop plant area from approximately 9.3% to 27.5% of roof area, and makes minor façade refinements to a commercial building can remain 'substantially the same development' as that originally approved, where the essence of the development as a commercial office building is unchanged.
2Where a s 34 conciliation conference produces agreement, the Court must dispose of 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; the Court is not required to assess the merits of issues originally in dispute.
