Bennett v Hurstville City Council [2012] NSWLEC 108

Bennett v Hurstville City Council [2012] NSWLEC 108

Development consent was void for breach of rules of procedural fairness under s 79A(2) of the Environmental Planning and Assessment Act 1979, as the notification plan failed to disclose material information, depriving the applicant of the opportunity to make submissions on a crucial aspect of the development impacting his amenity.

Jurisdiction
Australia
Judgment Date
14 May 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Development consent declared invalid; injunctions granted; no order as to costs.
Legal Topics
['procedural Fairness' 'development Consent' 'judicial Review' 'notification Requirements']
['administrative Law' 'planning and Environment'] ['procedural Fairness' 'development Consent' 'judicial Review' 'notification Requirements']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether development consent is invalid for procedural unfairness' 'Whether failure to comply with notification requirements led to denial of procedural fairness']

Ratio Decidendi

Development consent was void for breach of rules of procedural fairness under s 79A(2) of the Environmental Planning and Assessment Act 1979, as the notification plan failed to disclose material information, depriving the applicant of the opportunity to make submissions on a crucial aspect of the development impacting his amenity.

Court Disposition

Development consent declared invalid; injunctions granted; no order as to costs.

Orders

  • ['Declaration that development consent 2011/DA-00102 granted on 18 July 2011 by the first Respondent is invalid and of no force and effect.' 'Second, third and fourth Respondents restrained from carrying out any development in reliance on the development consent.' 'First Respondent restrained from granting a...