Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23:

1.COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by the applicant against the respondent's deemed refusal of the applicant's development application (No DA2024/1009) (Development Application). The Development Application sought consent for the construction of a residential flat building over basement parking and landscaping on land identified as Lot 25 in Deposited Plan 7002, known as 67 Pacific Parade, Dee Why (Subject Land).

2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC Act).

The Development Application

3. The Development Application was lodged with the respondent on 29 July 2024.

4. The Development Application was publicly exhibited between 16 and 30 August 2024. 28 submissions were received objecting to the proposed development.

5. On 1 October 2024, the proceedings were commenced in relation to the deemed refusal of the Development Application, being within the appeal period prescribed by ss 8.10 and 8.11 of the EPA Act.

6. The Court arranged a conciliation conference under s 34 of the LEC Act between the parties, which was held on 27 March 2025 and adjourned on two occasions. The conciliation conference was presided over by a Commissioner of the Court.

7. During the conciliation process, the parties reached agreement under s 34(3) of the LEC Act as to the terms of a decision in the proceedings that would be acceptable to the parties. A signed s 34 agreement was provided to the Court on 9 May 2025 following the applicant agreeing to amend the Development Application. The signed s 34 agreement is supported by an agreed jurisdictional statement.

8. The agreed amendments to the Development Application relevantly include:

1) increased setbacks to the eastern side;

2) additional landscaping on the eastern boundary;

3) amendments to driveway levels;

4) additional landscaping presented to the street and at upper levels; and

5) additional setbacks at the upper levels,

6) (collectively, the Amended Development Application).

9. Judgment was reserved on 19 May 2025 by the Commissioner who had presided over the conciliation conference up until that time. Due to extenuating circumstances, the matter was required to be listed for a further s 34 conciliation conference on 27 June 2025 before a different Commissioner. I presided over this conciliation conference and reserved judgment on the same date.

10. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1982b54a28b9932956a1af38)

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