Bankstown City Council v Mohamad El Dana [2009] NSWLEC 68

Bankstown City Council v Mohamad El Dana [2009] NSWLEC 68

The Senior Commissioner was not required to do more than decide the Council's contentions as presented; as those contentions overlapped with and encompassed the matters required by the relevant provisions of the Bankstown Local Environmental Plan 2001, and as all issues raised were considered and resolved, no error of law can be established in failing to expressly refer to those provisions. The appeal was therefore dismissed.

Parties
Appellant: Bankstown City Council; Respondent: Mohamad El Dana
Jurisdiction
Australia
Judgment Date
11 May 2009
Procedural Posture
Appeal on Question of Law / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Development Consent, Appeals on Question of Law, Environmental Planning Instruments
Planning Law Administrative Law Development Consent Appeals on Question of Law Environmental Planning Instruments

Case Brief

Summary, issues, holding and outcome

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Parties

Bankstown City Council

Appellant

Mohamad El Dana

Respondent

Procedural Posture

Appeal on Question of Law / Judgment

Legal Issues

  1. 1 Whether the Senior Commissioner failed to have regard to relevant provisions of the Bankstown Local Environmental Plan 2001 (LEP) as required by s 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 in granting development consent to the respondent
  2. 2 Whether it was open to Bankstown City Council on appeal to contend the Commissioner should have done more than address the council's expressed merit contentions
  3. 3 Whether failure to expressly refer to particular LEP clauses constituted an error of law

Ratio Decidendi

The Senior Commissioner was not required to do more than decide the Council's contentions as presented; as those contentions overlapped with and encompassed the matters required by the relevant provisions of the Bankstown Local Environmental Plan 2001, and as all issues raised were considered and resolved, no error of law can be established in failing to expressly refer to those provisions. The appeal was therefore dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.
  • The exhibits may be returned.