DEVELOPMENT APPLICATION — demolition of existing structures and construction of two residential flat buildings — Chapter 6 Housing SEPP — low and mid rise housing inner area — conciliation conference — agreement between the parties — orders made
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979, a Commissioner must dispose of proceedings in accordance with the parties' agreement where the agreement is reached and the decision is one the Court could have made in the proper exercise of its functions (McMillan v Taylor (2023) 111 NSWLR 634 at [51]); this requires satisfaction of jurisdictional preconditions but not a merits assessment of discretionary s 4.15 matters.
2Where land is within a low and mid rise housing inner area under Ch 6 of the State Environmental Planning Policy (Housing) 2021, the SEPP's height (22 m) and FSR (2.2:1) standards prevail over inconsistent local LEP standards (here 9.5 m and 0.75:1), so no cl 4.6 variation request is required; on the facts, levels predominantly below existing ground level were treated as basement in counting storeys under s 175.
3On the terms of Part A1 of the Randwick Development Control Plan 2025, DAs lodged before its commencement that seek consent under the low and mid rise housing provisions of the Housing SEPP are not saved and are assessed against RDCP 2025.
