Recent Cases

Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council [2024] NSWCA 41 (29 February 2024) (Ward P, Gleeson and White JJA)


Catchwords:


ENVIRONMENT AND PLANNING – Development applications – Delegation of assessment function of local council – Whether delegate had authority to determine application – Interpretation of relevant instruments of delegation and sub-delegation and policy – Whether primary judge erred by interpreting “submission by way of objection” by reference to the statutorily directed time period under the Environmental Planning and Assessment Act 1979 (NSW) – Whether objection was “a reasonable and unresolved objection resulting from the neighbour notification/exhibition process” – Whether objection was “resolved”

ENVIRONMENT AND PLANNING – Development applications – Imposition of orders under s 25B of the Land and Environment Court Act 1979 (NSW) – Whether Council validly regranted consent – Whether there was substantial compliance within the meaning of s 25C of the Land and Environment Court Act 1979 (NSW)