DEVELOPMENT APPLICATION — conciliation conference — light industrial warehouse units — agreement between the parties — orders made
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. This requires satisfaction of the jurisdictional prerequisites but no merit assessment of the discretionary s 4.15(1) matters.
2Where a species is at risk of serious and irreversible impacts under s 7.16 of the Biodiversity Conservation Act 2016 (NSW), consent may be granted if, on the facts, the BDAR shows the development does not affect the species' breeding habitat and credit retirement is conditioned.
3The minimum lot size standard in cl 4.1 of The Hills LEP 2019 does not apply to subdivision by registration of a strata plan under the Strata Schemes Development Act 2015 (NSW). On the facts, a 44.4% exceedance of the height standard was supported by a cl 4.6 written variation request.
