H & J Standen Pty Ltd v Minister for Planning and Infrastructure [2014] NSWLEC 113

H & J Standen Pty Ltd v Minister for Planning and Infrastructure [2014] NSWLEC 113

The appeal was dismissed because none of the alleged errors of law was established. The reasons delivered by the Senior Commissioner were found to be joint reasons of both Commissioners. The fuel sales and pump-out facility matters were considered and were matters of weight, not failures to consider mandatory relevant considerations. The Applicant was not denied procedural fairness because alienation of Dolans Bay, competing public benefits, and impact on ferry users were raised by the contentions, evidence and submissions. The Commissioners' weighing of local and ferry-user public benefits against the marina benefit was an evaluative exercise rationally open to them and did not disclose...

Jurisdiction
Australia
Judgment Date
31 July 2014
Procedural Posture
Class 1 Appeal Under S 56 a of the Land and Environment Court Act 1979 (nsw) on Questions of Law From a Commissioners' Decision Dismissing an Appeal Against Refusal of a Major Project Application / Principal Judgment After Hearing; Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
['major Project Application for Marina Extension' 'appeal on a Question of Law' 'adequacy of Reasons' 'relevant Considerations' 'procedural Fairness' 'reasonableness and Evaluative Judgment' 'public Benefit and Alienation of Public Waterway']
['planning and Environment Law' 'administrative Law' 'land and Environment Court Procedure'] ['major Project Application for Marina Extension' 'appeal on a Question of Law' 'adequacy of Reasons' 'relevant Considerations' 'procedural Fairness' 'reasonableness and Evaluative Judgment' 'public Benefit and Alienation of Public Waterway']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 56 a of the Land and Environment Court Act 1979 (nsw) on Questions of Law From a Commissioners' Decision Dismissing an Appeal Against Refusal of a Major Project Application / Principal Judgment After Hearing; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Commissioners failed to provide adequate reasons because only the Senior Commissioner delivered the oral judgment' 'Whether the Commissioners failed to take into account relevant considerations concerning fuel sales and pump-out facilities' 'Whether the Applicant was denied procedural fairness because the decision allegedly turned on impact on Cronulla Ferries without adequate notice' 'Whether the Commissioners failed to discharge their function according to law because the decision was said to be unreasonable or to have gone wrong']

Ratio Decidendi

The appeal was dismissed because none of the alleged errors of law was established. The reasons delivered by the Senior Commissioner were found to be joint reasons of both Commissioners. The fuel sales and pump-out facility matters were considered and were matters of weight, not failures to consider mandatory relevant considerations. The Applicant was not denied procedural fairness because alienation of Dolans Bay, competing public benefits, and impact on ferry users were raised by the contentions, evidence and submissions. The Commissioners' weighing of local and ferry-user public benefits against the marina benefit was an evaluative exercise rationally open to them and did not disclose...

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The Applicant must pay the costs of the First Respondent unless within seven days it notifies both the First Respondent and my Associate of a different order that it seeks.' 'Exhibits tendered on the appeal may be returned.']