Clark & Davis v Wollongong City Council & Others (No.2) [2008] NSWLEC 226

Clark & Davis v Wollongong City Council & Others (No.2) [2008] NSWLEC 226

Given the comprehensive failure of the assessment process due to denial of procedural fairness, this is not a case for Division 3 orders under the Land and Environment Court Act 1979; the proper relief is a declaration that the development consent is invalid and of no force and effect, and the Council is to pay the costs of the applicants and the third respondent.

Jurisdiction
Australia
Judgment Date
14 August 2008
Procedural Posture
Judicial Review / Final Relief and Costs After Principal Judgment
Outcome
Development consent declared invalid; injunction granted; costs ordered.
Legal Topics
['judicial Review' 'procedural Fairness' 'development Consent' 'discretionary Relief' 'costs']
['administrative Law' 'planning and Environment Law'] ['judicial Review' 'procedural Fairness' 'development Consent' 'discretionary Relief' 'costs']

Case Brief

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Procedural Posture

Judicial Review / Final Relief and Costs After Principal Judgment

Legal Issues

  1. 1 ['Whether denial of procedural fairness invalidated development consent' 'Whether the Court should exercise discretion to suspend consent under s.25B Land and Environment Court Act 1979 or declare consent invalid' 'Appropriate orders and costs']

Ratio Decidendi

Given the comprehensive failure of the assessment process due to denial of procedural fairness, this is not a case for Division 3 orders under the Land and Environment Court Act 1979; the proper relief is a declaration that the development consent is invalid and of no force and effect, and the Council is to pay the costs of the applicants and the third respondent.

Court Disposition

Development consent declared invalid; injunction granted; costs ordered.

Orders

  • ['The Court declares that development consent 2006/296 for the demolition of an existing dwelling house, construction of a single storey dwelling and in-ground concrete swimming pool on the property known as 139 Lawrence Hargrave Drive, Austinmer granted by the First Respondent on 24 July 2006 is invalid and of no...