Irving v Goulburn Mulwaree Council [2008] NSWLEC 142
The commissioner gave significant, but not erroneous, weight to directly pertinent provisions in the DCP regarding the location of commercial and community facilities; no error of law was shown in the application of the DCP, s 79C of the Act, or the flexibility intended by cl 3 of the LEP.
- Jurisdiction
- Australia
- Judgment Date
- 17 April 2008
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- ['development Applications' 'development Control Plans' 'zoning' 'merits Review' 'statutory Interpretation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether the commissioner misdirected himself in relation to the Goulburn Mulwaree Development Control Plan No. 15 (DCP)' 'Whether the commissioner misdirected himself in respect of the required considerations under s 79C of the Environmental Planning and Assessment Act 1979' 'Whether the commissioner erred in concluding that cl 3 of the Goulburn Local Environmental Plan 1990 had no application']
Ratio Decidendi
The commissioner gave significant, but not erroneous, weight to directly pertinent provisions in the DCP regarding the location of commercial and community facilities; no error of law was shown in the application of the DCP, s 79C of the Act, or the flexibility intended by cl 3 of the LEP.
Court Disposition
appeal dismissed with costs
Orders
- ['The appeal is dismissed.' "The applicant must pay the respondent's costs of the appeal."]
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