Miller v Sutherland Shire Council [2007] NSWLEC 700

Miller v Sutherland Shire Council [2007] NSWLEC 700

The failure by Sutherland Shire Council to notify the applicant and his wife of the development application as required by s 79A(2) of the Environmental Planning and Assessment Act 1979 rendered the consent void.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Judicial Review / Ex Tempore Judgment at Final Hearing
Outcome
Development consent declared void; orders made by consent as per signed short minutes of order.
Legal Topics
['validity of Development Consent' 'procedural Fairness' 'notification Requirements']
['administrative Law' 'planning Law'] ['validity of Development Consent' 'procedural Fairness' 'notification Requirements']

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Procedural Posture

Judicial Review / Ex Tempore Judgment at Final Hearing

Legal Issues

  1. 1 ['Whether failure to notify adjoining owners in accordance with s 79A(2) of the Environmental Planning and Assessment Act 1979 renders development consent void']

Ratio Decidendi

The failure by Sutherland Shire Council to notify the applicant and his wife of the development application as required by s 79A(2) of the Environmental Planning and Assessment Act 1979 rendered the consent void.

Court Disposition

Development consent declared void; orders made by consent as per signed short minutes of order.

Orders

  • ['Declarations and orders in accordance with paragraphs 1, 1A, 2, 3, 4, 5, 6, and 7 of the short minutes of order dated 12 October 2007.' 'Undertakings and agreements noted as per paragraphs 8, 9, and 10 of the short minutes of order.']