DEVELOPMENT APPEAL — alterations and additions — 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 a decision the Court could have made in the proper exercise of its functions, and in doing so it makes no merit assessment of the issues originally in dispute.
2Before giving effect to an agreement to grant consent under s 4.16 of the EPA Act, the Court must be satisfied that the relevant jurisdictional prerequisites are met. Here these included the height and FSR standards, stormwater (cl 6.3) and aircraft noise (cl 6.8) under the Inner West LEP 2022, contamination under s 4.6 of the Resilience and Hazards SEPP, and the regulated catchment provisions of the Biodiversity and Conservation SEPP.
3Amendments to plans and conditions may be agreed at the conciliation conference in response to objectors' oral submissions, with the consent authority's agreement under s 38 of the EP&A Regulation 2021, and then incorporated into the final consent orders.
