Wyong Shire Council v MCC Energy Pty Limited & Ors [2005] NSWCA 86

Wyong Shire Council v MCC Energy Pty Limited & Ors [2005] NSWCA 86

The development consent was invalid because the Manager Development Services' delegated authority had expired on 31 July 2002 and had not been renewed, and because, if the authority had been current, the delegate exceeded it since DA 1370/02 was subject to significant public objection. The primary judge's finding that the consent was Wednesbury unreasonable was set aside because it rested on factual and evaluative errors about the differences between DA 609/02 and DA 1370/02 and the view impacts.

Jurisdiction
Australia
Judgment Date
29 March 2005
Procedural Posture
Appeal From Land and Environment Court Class 4 Proceedings Concerning Validity of Development Consent / Appeal
Outcome
Appeal allowed in part; declaration of invalidity maintained on different grounds; removal order stayed until further order of the Land and Environment Court; each party to pay its own costs of the appeal.
Legal Topics
['development Consent' 'delegated Authority' 'significant Public Objection' 'relevant Considerations' 'zone Objectives' 'wednesbury Unreasonableness' 'view Impacts']
['local Government and Environment' 'administrative Law' 'planning Law'] ['development Consent' 'delegated Authority' 'significant Public Objection' 'relevant Considerations' 'zone Objectives' 'wednesbury Unreasonableness' 'view Impacts']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From Land and Environment Court Class 4 Proceedings Concerning Validity of Development Consent / Appeal

Legal Issues

  1. 1 ['Whether the Manager Development Services held a current delegation to grant the development consent on 18 September 2002.' "Whether the development application largely complied with Council's Codes, Policies, etc for the purposes of the delegation." 'Whether the application was subject to significant public objection so that the delegate lacked authority to approve it.' 'Whether the Council failed to take into account the impact of the development on views from 27 Budgewoi Road.' 'Whether the delegate complied with clause 10(3) of the Wyong Local Environmental Plan 1991 by forming the required opinion about compatibility with zone objectives.' 'Whether the decision to approve DA 1370/02 was unreasonable in the Wednesbury sense.']

Ratio Decidendi

The development consent was invalid because the Manager Development Services' delegated authority had expired on 31 July 2002 and had not been renewed, and because, if the authority had been current, the delegate exceeded it since DA 1370/02 was subject to significant public objection. The primary judge's finding that the consent was Wednesbury unreasonable was set aside because it rested on factual and evaluative errors about the differences between DA 609/02 and DA 1370/02 and the view impacts.

Court Disposition

Appeal allowed in part; declaration of invalidity maintained on different grounds; removal order stayed until further order of the Land and Environment Court; each party to pay its own costs of the appeal.

Orders

  • ['Appeal allowed in part.' 'Order 2 of the Orders made by the Land and Environment Court on 18 February 2004 is stayed until further order of that Court to enable the determination of development application DA 1370/02 either by the Appellant having regard to the judgment of this Court or by the Land and Environment...