DeBattista v Minister for Planning and Environment [2018] NSWLEC 202

DeBattista v Minister for Planning and Environment [2018] NSWLEC 202

The Council's process was political and thus not subject to apprehended bias review as in curial or administrative settings; however, the community consultation process under s 57 was materially defective because the planning proposal misled the public regarding its consistency with direction 3.1, resulting in miscarriage of the statutory consultation process and necessitating a declaration of invalidity.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applicant succeeds on Ground 3; fails on Ground 2; declaration made; costs reserved.
Legal Topics
['apprehended Bias' 'procedural Fairness' 'community Consultation' 'local Environmental Plans']
['administrative Law' 'planning Law'] ['apprehended Bias' 'procedural Fairness' 'community Consultation' 'local Environmental Plans']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ["Whether Council's processes were infected by apprehended bias so as to invalidate the planning proposal process" 'Whether denial of procedural fairness in the community consultation process required Council to recommence consultation' 'Whether the planning proposal put on exhibition misled the public in material respects']

Ratio Decidendi

The Council's process was political and thus not subject to apprehended bias review as in curial or administrative settings; however, the community consultation process under s 57 was materially defective because the planning proposal misled the public regarding its consistency with direction 3.1, resulting in miscarriage of the statutory consultation process and necessitating a declaration of invalidity.

Court Disposition

Applicant succeeds on Ground 3; fails on Ground 2; declaration made; costs reserved.

Orders

  • ['The community consultation process pursuant to s 57 of the Environmental Planning and Assessment Act 1979 concerning Planning Proposal PP023 proposing to reduce the height limit applicable to land at Lots 1 and 6 in Deposited Plan 1082382 is void and of no effect.' 'The exhibits are returned.' 'Costs are reserved.']