DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979 (NSW), where parties reach agreement at conciliation, 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 — this requires verification of jurisdictional prerequisites, not a merit assessment of the agreed position.
2Development for the purposes of a health services facility is permissible with consent in an R2 Low Density Residential zone by operation of s 2.60(1) of the State Environmental Planning Policy (Transport and Infrastructure) 2021, notwithstanding that such development is otherwise prohibited under the applicable local environmental plan.
