BATSHON v HUNTERS HILL COUNCIL [1997] NSWCA 42

BATSHON v HUNTERS HILL COUNCIL [1997] NSWCA 42

It is not an error of law to find as a matter of judgmental fact that the development would adversely affect the character of the area and reject the application on that basis. Attempts to manufacture a point of law from factual findings are rejected.

Parties
Appellant: Bassam Batshon; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
18 February 1997
Procedural Posture
Class 1 Appeal / Appeal to Supreme Court of New South Wales Court of Appeal
Outcome
appeal dismissed with costs
Legal Topics
Development Application, Planning Consent, Local Environment Plan, Dual Occupancy, Natural Justice, Procedural Fairness
Environmental Law Administrative Law Development Application Planning Consent Local Environment Plan Dual Occupancy Natural Justice Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bassam Batshon

Appellant

Hunters Hill Council

Respondent

Procedural Posture

Class 1 Appeal / Appeal to Supreme Court of New South Wales Court of Appeal

Legal Issues

  1. 1 Whether the appellant was denied natural justice and procedural fairness due to the judge's finding regarding 'walling in' the neighbour's property
  2. 2 Whether it was an error of law to reject the development based on its effect on the character of the area, given the relevant planning instruments

Ratio Decidendi

It is not an error of law to find as a matter of judgmental fact that the development would adversely affect the character of the area and reject the application on that basis. Attempts to manufacture a point of law from factual findings are rejected.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs