ENVIRONMENT AND PLANNING — consent — appeal — conciliation conference — s 34 agreement — conditions of consent — low and mid rise housing
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' signed agreement if it is a decision the Court could have made in the proper exercise of its functions. This requires satisfaction of jurisdictional prerequisites, here including zoning permissibility, height, essential services under cl 7.6 of the Central Coast LEP 2022, contamination, BASIX and Housing SEPP compliance. It does not require any assessment of the merits against the discretionary s 4.15 matters.
2Land within 800m walking distance of a qualifying town centre is a 'low and mid rise housing area' under s 163(a)(i) of the State Environmental Planning Policy (Housing) 2021. Multi dwelling housing there may rely on the higher floor space ratio non-discretionary standard in s 172(2)(d) rather than the LEP cl 4.4 control. Under s 171(2) the consent authority must consider the Department's Tree Canopy Guide for Low and Mid Rise Housing (February 2025).
3Where an applicant amends its development application in Class 1 proceedings with the council's approval under s 38 of the EPA Regulation, it may be ordered under s 8.15(3) of the EPA Act to pay the council's costs thrown away.
