DEVELOPMENT APPEAL — secondary dwelling — conciliation conference — agreement between the parties — orders
Quick Take
1Where parties reach agreement at a s 34AA conciliation conference, the Court must dispose of proceedings in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979, provided the decision is one the Court could have made in the proper exercise of its functions; the Court is not required to conduct a merit assessment of the originally disputed issues.
2The scheme for a permit to clear vegetation under Pt 2.3 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 is separate from the development consent scheme under the EPA Act; where development consent is required, a permit cannot be issued under the Biodiversity SEPP, consistent with Stewart v Inner West Council [2023] NSWLEC 136.
