DEVELOPMENT APPLICATION — commercial premises — conciliation conference — agreement between the parties — orders
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979 (NSW), the Court must dispose of proceedings in accordance with the parties' agreed decision if it is one the Court could have made in the proper exercise of its functions. This requires the Court to be satisfied that the jurisdictional prerequisites to granting consent under s 4.16 of the EPA Act are met.
2Where a development application is amended with the consent authority's agreement under s 38 of the Environmental Planning and Assessment Regulation 2021 (NSW), the applicant may be ordered under s 8.15(3) of the EPA Act to pay the respondent's costs thrown away. Here those costs were fixed by agreement.
3On the facts, the Court was satisfied that a supermarket and liquor shop expansion in the E1 Local Centre zone met each jurisdictional prerequisite. It complied with the height and FSR standards and satisfied the flood planning requirements of cl 5.21. It also achieved a neutral or beneficial effect on water quality in the Sydney Drinking Water Catchment, based on the parties' submissions and the supporting expert material.
