Johnson v Lake Macquarie City Council and Anor [1999] NSWLEC 148

Johnson v Lake Macquarie City Council and Anor [1999] NSWLEC 148

The council's decision to grant development consent was on its face within authority, no mala fides or lack of bona fide attempt to exercise power was proved, and the decision related to the subject matter of the EP&A Act. The s 104A notice published on 11 January 1995 therefore protected the 28 November 1994 determination from the applicant's challenges commenced on 17 September 1995.

Jurisdiction
Australia
Judgment Date
21 June 1999
Procedural Posture
Class 4 Application Challenging Development Consent / Remitted by the Court of Appeal to Determine Issues Raised by the Amended Defence Pleading S 104 a of the Environmental Planning and Assessment Act 1979
Outcome
Application dismissed; costs reserved.
Legal Topics
['development Consent' 'deferred Commencement Consent' 'privative Clause' 'environmental Planning and Assessment Act 1979 S 104 A' 'notification of Consent Determination' 'jurisdictional Error' 'bad Faith']
['planning and Environment Law' 'administrative Law'] ['development Consent' 'deferred Commencement Consent' 'privative Clause' 'environmental Planning and Assessment Act 1979 S 104 A' 'notification of Consent Determination' 'jurisdictional Error' 'bad Faith']

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Procedural Posture

Class 4 Application Challenging Development Consent / Remitted by the Court of Appeal to Determine Issues Raised by the Amended Defence Pleading S 104 a of the Environmental Planning and Assessment Act 1979

Legal Issues

  1. 1 ['Whether the council substantially complied with s 95 of the Environmental Planning and Assessment Act 1979 and reg 71 in notifying the applicant of the consent determination.' 'Whether the description of the land in the s 104A notice and other notices was adequate.' 'Whether alleged procedural or legal errors by the council affected jurisdiction or power so as to permit a challenge notwithstanding s 104A.' 'Whether the council acted in bad faith in determining the development application.' 'Whether the notice published pursuant to s 104A on 11 January 1995 protected the development consent from challenge in proceedings commenced on 17 September 1995.']

Ratio Decidendi

The council's decision to grant development consent was on its face within authority, no mala fides or lack of bona fide attempt to exercise power was proved, and the decision related to the subject matter of the EP&A Act. The s 104A notice published on 11 January 1995 therefore protected the 28 November 1994 determination from the applicant's challenges commenced on 17 September 1995.

Court Disposition

Application dismissed; costs reserved.

Orders

  • ['The application is dismissed.' 'The question of costs is reserved.' 'The exhibits may be returned.']