APPEAL — development application — multi dwelling housing — conciliation conference — agreement reached — orders made
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979, the test for disposing of proceedings in accordance with a conciliation conference agreement is whether the decision is one the Court could have made in the proper exercise of its functions, which is concerned with jurisdictional constraints rather than an evaluative merits assessment.
2A clause 4.6 variation to a building height development standard may be justified where the exceedance is minor, results from site topography, and the proposal remains consistent with the objectives of the standard notwithstanding non-compliance.
3Where the State Environmental Planning Policy Amendment (Concurrences and Consultations) 2026 has amended rail corridor notification provisions, the former wording of the Transport and Infrastructure SEPP continues to apply by virtue of the savings provision in s 4.46 of the Planning Systems SEPP.
