DeBattista v Minister for Planning and Environment [2019] NSWCA 237

DeBattista v Minister for Planning and Environment [2019] NSWCA 237

The Council's processes in relation to amending a local environmental plan constitute discretionary, political, and policy-making functions analogous to legislative action, and are not subject to judicial review on grounds of apprehended bias or denial of procedural fairness. The appellant failed to show any error in the primary judge’s refusal to require the Council to withdraw the planning proposal, as the legislation vests broad discretion in the Council as a legislative body so long as statutory processes are followed and no corruption is present.

Jurisdiction
Australia
Judgment Date
01 October 2019
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; to the extent leave is required, leave granted.
Legal Topics
['building Control' 'council Consent and Approval' 'local Environmental Plan Amendments' 'apprehended Bias' 'procedural Fairness' 'appeals' 'judicial Review of Delegated Legislation']
['environment and Planning' 'administrative Law'] ['building Control' 'council Consent and Approval' 'local Environmental Plan Amendments' 'apprehended Bias' 'procedural Fairness' 'appeals' 'judicial Review of Delegated Legislation']

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the Council’s processes in determining amendment of a Local Environmental Plan are of a political and policy nature precluding court intervention' 'Whether there was a reasonable apprehension of bias in the Council’s processes' 'Whether denial of procedural fairness or natural justice occurred' 'Whether the Land and Environment Court’s disposition was final']

Ratio Decidendi

The Council's processes in relation to amending a local environmental plan constitute discretionary, political, and policy-making functions analogous to legislative action, and are not subject to judicial review on grounds of apprehended bias or denial of procedural fairness. The appellant failed to show any error in the primary judge’s refusal to require the Council to withdraw the planning proposal, as the legislation vests broad discretion in the Council as a legislative body so long as statutory processes are followed and no corruption is present.

Court Disposition

Appeal dismissed; to the extent leave is required, leave granted.

Orders

  • ['Leave to appeal granted to the extent required' 'Appeal dismissed' "Appellant to pay the respondents' costs of the appeal"]