Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of development application 2023/0527 (DA) for demolition, construction of a dwelling house, parking, swimming pool and cabana at Lot 5 DP 112706, known as 48 Vista Street, Sans Souci (site).

2. The Respondent, as the relevant consent authority, has approved under s 38 of the Environmental Planning and Assessment Regulation 2021 to the Applicant amending DA 2023/0527 in accordance with the documents listed below (amended DA):

* Architectural Plans, Revision D, prepared by TCGD, dated 8 May 2025.

* Landscape Plan 01, Revision G, prepared by TCGD, dated 8 May 2025.

* BASIX Certificate No. 1406905S_03 dated 5 May 2025.

* NatHERS Certificate No. 0011892536 dated 5 May 2025.

* Stormwater Management Plan, Issue G, prepared by NY Civil Engineering, dated 8 May 2025.

3. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 8 and 9 May 2025. I presided over the conciliation conference.

4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal for the amended DA and granting development consent to the amended DA subject to conditions.

5. I note that as part of the submitted s 34 agreement, the parties have submitted a jurisdictional statement setting out how the proposal has satisfied the jurisdictional requirements and other matters.

6. 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/196cbe4db0d793c9964403b4)

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