Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:

1. COMMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 18/2024 for the demolition of a two-storey dwelling house with a detached garage and the construction of a new two-storey dwelling house with a basement garage, in-ground swimming pool, rooftop terrace and a detached pool house at the rear on land known as 1 Kenneth Street, Longueville (Lot 1 in Deposited Plan 8312) by Lane Cove Municipal Council.

2. The Court was required to arrange a conciliation conference between the parties, pursuant to s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act). The conciliation conference, which I presided over, was held on 22 and 23 April 2025.

Outcome

3. At the conciliation, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 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.

4. The decision agreed upon is for the grant of development consent subject to conditions of consent pursuant to s 4.16(1) of the EPA Act. The signed agreement is supported by a Jurisdictional Statement that sets out the matters that the Court must consider prior to the grant of development consent. I have considered the contents of the Jurisdictional Statement, together with the documents referred to therein, the Class 1 Application and its attachments, the joint expert planning report and the plans that are referred to in Condition 1 of Annexure A. Based on those documents, I have considered the matters required to be considered pursuant to s 4.15(1) of the EPA Act.

5. The Council as the consent authority consented to the amendment of the application pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021 (EPA Reg). The plans and documents comprising the amended application were submitted to the Court on 23 April 2025 and are listed under Condition 1 of the conditions of consent at Annexure A.

6. The amendments made to the proposal during the conciliation process which gave rise to the agreement (and which resolved the Respondent's contentions) primarily related to: (1) the reduction in the size of and increased front setback of the rooftop terrace; (2) deletion of the proposed basement, (3) retention of gas connection; and (4) changes to the pool fence to comply with relevant standards.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f69a9f9525dacb7f715ce)

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