Fuller v Bellingen Shire Council & Anor [1988] NSWLEC 125

Fuller v Bellingen Shire Council & Anor [1988] NSWLEC 125

Substantial compliance with s.77(3) of the Environmental Planning and Assessment Act 1979 suffices and does not render a development application or consent invalid. The delegate (Shire Planner) properly exercised the delegated function, considering all relevant matters, and the notice of determination, even if defective, would not invalidate the antecedent determination.

Parties
Applicant: L.C. Fuller; First Respondent: Bellingen Shire Council; Second Respondent: Commercial Radio Coffs Harbour Limited
Jurisdiction
Australia
Judgment Date
16 June 1988
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed
Legal Topics
Development Consent, Delegation of Authority, Requirements of Statement of Environmental Effects, Procedural Requirements Under Environmental Planning and Assessment Act 1979
Environmental Law Administrative Law Development Consent Delegation of Authority Requirements of Statement of Environmental Effects Procedural Requirements Under Environmental Planning and Assessment Act 1979

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Parties

L.C. Fuller

Applicant

Bellingen Shire Council

First Respondent

Commercial Radio Coffs Harbour Limited

Second Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Statement of Environmental Effects complied with s.77(3) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether non-compliance with s.77(3) invalidated the development application or consent
  3. 3 Whether the delegate (Shire Planner) properly exercised delegated authority

Ratio Decidendi

Substantial compliance with s.77(3) of the Environmental Planning and Assessment Act 1979 suffices and does not render a development application or consent invalid. The delegate (Shire Planner) properly exercised the delegated function, considering all relevant matters, and the notice of determination, even if defective, would not invalidate the antecedent determination.

Court Disposition

Application dismissed

Orders

  • Application dismissed.
  • Exhibits may be released.