DEVELOPMENT APPEAL — residential subdivision — road widening — tree removal — 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, which requires satisfaction of jurisdictional prerequisites but not a merit assessment of the issues originally in dispute.
2Land mapped as a Growth Centre under Appendix 7 of the State Environmental Planning Policy (Precincts - Central River City) 2021 is governed by that Appendix rather than the Blacktown Local Environmental Plan 2015. Subdivision into lots of 225–300m² may be approved under s 4.1AD where a building envelope plan demonstrates each lot can accommodate a dwelling house.
3The 2007 Biodiversity Certification order conferred on the repealed Growth Centres SEPP remains in force by cl 43 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 (NSW), so development on certified Growth Centre land can proceed without further biodiversity assessment.
