Scott & Ors v Wollongong City Council & Anor [1989] NSWLEC 236

Scott & Ors v Wollongong City Council & Anor [1989] NSWLEC 236

The application was dismissed because the applicants failed to establish that Wollongong City Council's development consent for a motel was unlawful or void; the Council had adequately exercised its discretion under statutory and planning instruments, considered relevant factors, validly imposed condition 27, and no breach or unreasonableness amounting to invalidity was proven.

Parties
Applicant: Phillip Scott; Applicant: George Gedge; Applicant: Shirley Hughes; Respondent: Wollongong City Council; Respondent: Job Creators Pty Ltd
Jurisdiction
Australia
Judgment Date
21 September 1989
Procedural Posture
Class 4 / Final Judgment
Outcome
Application dismissed
Legal Topics
Development Consent, Statutory Planning Instruments, Wednesbury Unreasonableness, Heritage Assessment, Delegation of Functions, Floor Space Ratio, Conditions of Consent
Administrative Law Planning and Environmental Law Development Consent Statutory Planning Instruments Wednesbury Unreasonableness Heritage Assessment Delegation of Functions Floor Space Ratio +1 more

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Parties

Phillip Scott

Applicant

George Gedge

Applicant

Shirley Hughes

Applicant

Wollongong City Council

Respondent

Job Creators Pty Ltd

Respondent

Procedural Posture

Class 4 / Final Judgment

Legal Issues

  1. 1 Whether the development consent granted by Wollongong City Council was invalid due to breaches of statutory or planning instruments
  2. 2 Whether the Council failed to consider relevant factors under the Environmental Planning and Assessment Act 1979
  3. 3 Whether condition 27 of the consent was void for uncertainty

Ratio Decidendi

The application was dismissed because the applicants failed to establish that Wollongong City Council's development consent for a motel was unlawful or void; the Council had adequately exercised its discretion under statutory and planning instruments, considered relevant factors, validly imposed condition 27, and no breach or unreasonableness amounting to invalidity was proven.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Reserve the question of costs