Mulligan v. Drummoyne Council [1998] NSWLEC 88

Mulligan v. Drummoyne Council [1998] NSWLEC 88

The appeal is dismissed because the assessor's attribution of little weight to the draft local environmental plan did not amount to an error of law. Reference to 'certain and imminent' was a rejection of a submission, not adoption of an improper test; and case law confirms that weight given to relevant considerations is a matter for the tribunal of fact, not for the court in an appeal limited to a question of law.

Parties
Applicant: Mulligan; Respondent: Drummoyne Council
Jurisdiction
Australia
Judgment Date
24 June 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Weight of Draft Planning Instruments, Appeals Limited to Questions of Law, Relevance of Draft Local Environmental Plans
Planning Law Administrative Law Weight of Draft Planning Instruments Appeals Limited to Questions of Law Relevance of Draft Local Environmental Plans

Case Brief

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Parties

Mulligan

Applicant

Drummoyne Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the assessor erroneously failed to take into account the draft local environmental plan
  2. 2 Whether erroneous weight was attributed to Amendment No 39 under s 90 of the Environmental Planning and Assessment Act 1979
  3. 3 Whether such errors amount to errors of law

Ratio Decidendi

The appeal is dismissed because the assessor's attribution of little weight to the draft local environmental plan did not amount to an error of law. Reference to 'certain and imminent' was a rejection of a submission, not adoption of an improper test; and case law confirms that weight given to relevant considerations is a matter for the tribunal of fact, not for the court in an appeal limited to a question of law.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs