DEVELOPMENT APPEAL — subdivision — dwellings — conciliation conference — agreement between the parties — orders
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979, the Court's obligation when disposing of proceedings in accordance with a conciliation conference agreement is limited to being satisfied that no jurisdictional constraints preclude the agreed order; it does not require an evaluative merits assessment (applying McMillan v Taylor [2023] NSWCA 183 and Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245).
2Where a development application is amended during Class 1 proceedings, s 8.15(3) of the Environmental Planning and Assessment Act 1979 empowers the Court to order the applicant to pay the consent authority's costs thrown away by the amendment.
