Fenwick v Woodside Properties Pty Ltd [2016] NSWLEC 104

Fenwick v Woodside Properties Pty Ltd [2016] NSWLEC 104

Failure by the council to notify the public of the modification applications as required by law rendered the approvals of Mod 01 and Mod 04 invalid due to jurisdictional error. As Mod 05 was premised materially on Mod 01 and Mod 04, the council's consideration of invalid modifications was an irrelevant consideration, thereby invalidating Mod 05 as well.

Jurisdiction
Australia
Judgment Date
16 August 2016
Procedural Posture
Judicial Review / Final Orders
Outcome
Declarations of invalidity granted for the three identified modification approvals. Extension of time granted. Costs reserved.
Legal Topics
['jurisdictional Error' 'public Notification Requirements' 'judicial Review' 'development Consent Modifications']
['administrative Law' 'planning and Environment'] ['jurisdictional Error' 'public Notification Requirements' 'judicial Review' 'development Consent Modifications']

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Procedural Posture

Judicial Review / Final Orders

Legal Issues

  1. 1 ['Whether failure to notify modification applications as required by law is a jurisdictional error rendering approvals invalid' 'Whether a subsequent modification approval that took into account earlier invalid modification approvals is also invalid']

Ratio Decidendi

Failure by the council to notify the public of the modification applications as required by law rendered the approvals of Mod 01 and Mod 04 invalid due to jurisdictional error. As Mod 05 was premised materially on Mod 01 and Mod 04, the council's consideration of invalid modifications was an irrelevant consideration, thereby invalidating Mod 05 as well.

Court Disposition

Declarations of invalidity granted for the three identified modification approvals. Extension of time granted. Costs reserved.

Orders

  • ['Time for commencing proceedings extended pursuant to r 59.10(2) UCPR 2005.' "Declaration that the Third Respondent's decision to approve modification applications 353.01 (12 November 2013), 353.04 (10 December 2014), and 353.05 (10 May 2016) is invalid and of no effect." 'Costs reserved.' 'Exhibits to be returned...