DEVELOPMENT APPLICATION — alterations and additions to a local heritage item — 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, the Court must dispose of proceedings in accordance with that agreement provided it is a decision the Court could have made in the proper exercise of its functions.
2Where a council as respondent agrees to the terms of a decision involving cl 4.6 variations to development standards, the Court may infer that the council has formed the requisite positive opinions of satisfaction under cl 4.6(3) of the applicable LEP that compliance is unreasonable or unnecessary and that sufficient environmental planning grounds justify the contravention.
3Following Joseph v Spencer [2026] NSWCA 46, where all contentions are resolved by an amended application and agreed conditions, the Court need only consider provisions in an environmental planning instrument that constitute jurisdictional constraints on the grant of consent.
