Basemount Pty Ltd and Gaofind Pty Ltd v Baulkham Hills Shire Council [2002] NSWLEC 172

Basemount Pty Ltd and Gaofind Pty Ltd v Baulkham Hills Shire Council [2002] NSWLEC 172

The Commissioner's denial of procedural fairness constituted a material error of law affecting both appeals due to the integral assessment and conduct of the hearing; both appeals must be remitted for re-hearing, but no reasonable apprehension of bias exists to prevent remitter to the original Commissioner.

Parties
Applicant: Basemount Pty Ltd; Applicant: Gaofind Pty Ltd; Respondent: Baulkham Hills Shire Council
Jurisdiction
Australia
Judgment Date
02 October 2002
Procedural Posture
S 56 a Appeal / Appeal Judgment
Outcome
Appeal allowed; Commissioner's determinations set aside; both proceedings remitted for re-hearing; no order as to costs.
Legal Topics
Procedural Fairness, Development Consent, Remitter for Re Hearing
Administrative Law Planning Law Procedural Fairness Development Consent Remitter for Re Hearing

Case Brief

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Parties

Basemount Pty Ltd

Applicant

Gaofind Pty Ltd

Applicant

Baulkham Hills Shire Council

Respondent

Procedural Posture

S 56 a Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether material error of law occurred in granting development consent
  2. 2 Whether error affected both development applications
  3. 3 To whom should the proceedings be remitted for re-hearing

Ratio Decidendi

The Commissioner's denial of procedural fairness constituted a material error of law affecting both appeals due to the integral assessment and conduct of the hearing; both appeals must be remitted for re-hearing, but no reasonable apprehension of bias exists to prevent remitter to the original Commissioner.

Court Disposition

Appeal allowed; Commissioner's determinations set aside; both proceedings remitted for re-hearing; no order as to costs.

Orders

  • The appeal is allowed.
  • The Commissioner's determination in both proceedings 11017 of 2000 and 11137 of 2000 is set aside.