Wilson on behalf of Gurrungar Environment Group v Bourke Shire Council and Ors [2001] NSWLEC 28

Wilson on behalf of Gurrungar Environment Group v Bourke Shire Council and Ors [2001] NSWLEC 28

The Court held that, pursuant to the proper construction of the EP&A Act, the objector's statutory right of appeal relates to the whole of the development application and is not confined to the designated development part of the application. Attempts to pre-emptively exclude issues based on s 90(1) relevance are premature absent full evidence.

Parties
Applicant: Bruce Wilson on behalf of Gurrungar Environment Group; First Respondent: Bourke Shire Council; Second Respondent: Hoynes Wheeler & Thorne Pty Ltd; Third Respondent: Clyde Agriculture Ltd
Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Objector Appeal / Interlocutory Application Regarding Scope of Appeal
Outcome
Notice of motion dismissed; scope of appeal not limited as sought by the council.
Legal Topics
Development Consent, Designated Development, Objector Appeal, Scope of Appeal, Statutory Interpretation
Environmental Law Planning Law Development Consent Designated Development Objector Appeal Scope of Appeal Statutory Interpretation

Case Brief

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Parties

Bruce Wilson on behalf of Gurrungar Environment Group

Applicant

Bourke Shire Council

First Respondent

Hoynes Wheeler & Thorne Pty Ltd

Second Respondent

Clyde Agriculture Ltd

Third Respondent

Procedural Posture

Objector Appeal / Interlocutory Application Regarding Scope of Appeal

Legal Issues

  1. 1 Whether the appeal should be limited to designated development only or include the entire development application
  2. 2 Whether s 90(1) of the Environmental Planning and Assessment Act 1979 confers a basis to confine the scope of the appeal

Ratio Decidendi

The Court held that, pursuant to the proper construction of the EP&A Act, the objector's statutory right of appeal relates to the whole of the development application and is not confined to the designated development part of the application. Attempts to pre-emptively exclude issues based on s 90(1) relevance are premature absent full evidence.

Court Disposition

Notice of motion dismissed; scope of appeal not limited as sought by the council.

Orders

  • The notice of motion filed 3 November 2000 is dismissed.
  • The exhibits may be returned.