Cartier Holdings Pty Ltd v Newcastle City Council and Anor [2001] NSWLEC 170

Cartier Holdings Pty Ltd v Newcastle City Council and Anor [2001] NSWLEC 170

The application failed because Cartier did not establish that the council misdirected itself or failed to give proper, genuine and realistic consideration to economic impacts under s 79C(1)(b). The council had before it extensive material addressing impacts on supermarkets, small traders and commercial centres, and the Hill PDA advice did not misstate the law. The council was not required to articulate a definition of locality, the absence of further economic information was not centrally relevant so as to vitiate the decision, and Cartier did not establish that the draft Newcastle Local Environmental Plan 2000 was a public interest matter the council was bound to consider.

Jurisdiction
Australia
Judgment Date
02 August 2001
Procedural Posture
Class 4 Proceedings Challenging a Development Consent / Judgment on Judicial Review Application
Outcome
Application dismissed.
Legal Topics
['development Consent' 'economic Impacts in the Locality' 'public Interest' 'relevant Considerations' 'draft Local Environmental Plan']
['environmental Planning Law' 'administrative Law' 'judicial Review'] ['development Consent' 'economic Impacts in the Locality' 'public Interest' 'relevant Considerations' 'draft Local Environmental Plan']

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Procedural Posture

Class 4 Proceedings Challenging a Development Consent / Judgment on Judicial Review Application

Legal Issues

  1. 1 ['Whether Newcastle City Council misdirected itself or asked the wrong question in considering economic impacts under s 79C(1)(b) of the Environmental Planning and Assessment Act 1979.' 'Whether the council failed to give proper, genuine and realistic consideration to economic impacts under s 79C(1)(b).' 'Whether the council acted improperly by unreasonably failing to obtain further facts and material about economic impact.' 'Whether the council was required to define the locality for the purposes of s 79C(1)(b).' 'Whether the council failed to consider the draft Newcastle Local Environmental Plan 2000 as part of the public interest under s 79C(1)(e).']

Ratio Decidendi

The application failed because Cartier did not establish that the council misdirected itself or failed to give proper, genuine and realistic consideration to economic impacts under s 79C(1)(b). The council had before it extensive material addressing impacts on supermarkets, small traders and commercial centres, and the Hill PDA advice did not misstate the law. The council was not required to articulate a definition of locality, the absence of further economic information was not centrally relevant so as to vitiate the decision, and Cartier did not establish that the draft Newcastle Local Environmental Plan 2000 was a public interest matter the council was bound to consider.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' 'The applicant must pay the costs of the respondents as agreed or as assessed.' 'The exhibits may be returned.']