Sisic v Rockdale City Council and Anor [2007] NSWLEC 687

Sisic v Rockdale City Council and Anor [2007] NSWLEC 687

The Council complied with DCP 50 and s 79A(2) of the Environmental Planning and Assessment Act 1979 by sending multiple notification letters by prepaid post to the Applicant or his company at the relevant addresses. Section 153 of the Environmental Planning and Assessment Act 1979 applied to that notification and created an irrebuttable presumption of service, ousting s 76 of the Interpretation Act 1987. Because the Act and DCP constituted the relevant notification code and were complied with, the Applicant was not denied procedural fairness even if he did not physically receive the letters.

Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Class 4 Proceedings; Judicial Review / Judgment on Application Seeking Relief for Alleged Breach of Procedural Fairness in Notification of Development Application
Outcome
Application dismissed; costs reserved.
Legal Topics
['notification of Development Applications' 'procedural Fairness' 'development Control Plans' 'service by Prepaid Post' 'environmental Planning and Assessment Act 1979 S 153' 'time Limits for Challenging Development Consent']
['planning and Environment Law' 'administrative Law'] ['notification of Development Applications' 'procedural Fairness' 'development Control Plans' 'service by Prepaid Post' 'environmental Planning and Assessment Act 1979 S 153' 'time Limits for Challenging Development Consent']

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Procedural Posture

Class 4 Proceedings; Judicial Review / Judgment on Application Seeking Relief for Alleged Breach of Procedural Fairness in Notification of Development Application

Legal Issues

  1. 1 ['Whether the Council failed to notify the Applicant of development application DA 575/06 in accordance with Development Control Plan 50 and s 79A(2) of the Environmental Planning and Assessment Act 1979.' 'Whether s 153 of the Environmental Planning and Assessment Act 1979 applies to notification of a development application required by a development control plan.' 'Whether s 153 of the Environmental Planning and Assessment Act 1979 creates an irrebuttable presumption of service by prepaid post and ousts s 76 of the Interpretation Act 1987.' 'Whether evidence that the Applicant did not physically receive the notification letters was relevant to compliance with the statutory notification requirements.' "Whether compliance with the Environmental Planning and Assessment Act 1979 and the development control plan satisfied the Council's obligation to accord procedural fairness."]

Ratio Decidendi

The Council complied with DCP 50 and s 79A(2) of the Environmental Planning and Assessment Act 1979 by sending multiple notification letters by prepaid post to the Applicant or his company at the relevant addresses. Section 153 of the Environmental Planning and Assessment Act 1979 applied to that notification and created an irrebuttable presumption of service, ousting s 76 of the Interpretation Act 1987. Because the Act and DCP constituted the relevant notification code and were complied with, the Applicant was not denied procedural fairness even if he did not physically receive the letters.

Court Disposition

Application dismissed; costs reserved.

Orders

  • ['The Class 4 application is dismissed.' 'Costs are reserved.' 'Exhibits are to be returned.']