Multicraft Developments Pty Ltd v Holroyd City Council [2009] NSWLEC 53

Multicraft Developments Pty Ltd v Holroyd City Council [2009] NSWLEC 53

The Commissioners erred in law by holding that the aspect of the Master Plan approved by the Council specifying built form was imported as an element of the DCP under subs 5.2, when in fact only the building height aspect of the Master Plan was incorporated; this misdirection was material to the refusal of the application.

Jurisdiction
Australia
Judgment Date
15 April 2009
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
['error of Law' 'development Control Plan Interpretation' 'material Misdirection']
['planning Law'] ['error of Law' 'development Control Plan Interpretation' 'material Misdirection']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Commissioners erred in law by misdirecting themselves as to the applicable development control plan' 'Whether the aspect of the Master Plan specifying built form was incorporated into the DCP']

Ratio Decidendi

The Commissioners erred in law by holding that the aspect of the Master Plan approved by the Council specifying built form was imported as an element of the DCP under subs 5.2, when in fact only the building height aspect of the Master Plan was incorporated; this misdirection was material to the refusal of the application.

Court Disposition

appeal upheld

Orders

  • ['The appeal is upheld.' 'The decision and orders of the Commissioners dated 30 September 2008 are set aside.' 'The matter is remitted to the Commissioners to be determined according to this judgment.' 'The remitted matter is fixed for hearing before the Commissioners on 27 April 2009.' 'Each party is to pay their...