Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13:

1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's refusal of the applicant's development application (LDA2024/0258) (Development Application) for alterations and additions to a dual occupancy development approved by way of Complying Development Certificate (CDC) located on land identified as Lot 36 in Deposited Plan 27701, known as 2 Star Street, Eastwood (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 (LEC Act).

The Development Application

3. The Development Application was lodged with the respondent on 29 November 2024 and sought consent for alterations and additions to the CDC approved dwelling including the:

1) construction of two driveway crossings to the street;

2) construction of a front fence and associated landscaping works in the front yard; and

3) widening of the garage door of unit 1 to accommodate a double garage.

4. On 18 December 2024, the Development Application was refused under delegated authority.

5. On 14 January 2025, the proceedings were commenced, being within the appeal period prescribed by s 8.10 of the EPA Act.

6. The Court arranged a conciliation conference under s 34AA(2)(a) of the LEC Act between the parties, which was held on 6 June 2025. I presided over the conciliation conference.

7. Amended plans were filed with the Court on 4 June 2025 (Amended Development Application) cited at [26]. The amendments can be summarised as follows:

1) the provision of additional landscaped area;

2) an amended stormwater pit design to provide increased capacity; and

3) an amended area for waste collection.

8. 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. The decision agreed upon is for the grant of consent to the Amended Development Application, subject to conditions of consent. The signed agreement is supported by an agreed jurisdictional statement.

9. 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/1975dac455756a69a938e6d3)

Disclaimer: Curated by HT Syndication.