Wyong Shire Council v MCC Energy Pty Limited & Ors

[2005] NSWCA 86

NSW Court of Appeal

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Interrogate

Catchwords

1. Local Government
2. › Delegation of authority
3. › Sub-delegation by general manager
4. › Term of delegation
5. › Whether delegation current at time of decision
6. › Whether general manager could extend delegation beyond 'use by' date contrary to Delegation Manual
7. › Local Government Act 1993 (NSW), ss 377, 378
1. Local Government
2. › Development consent
3. › Consent granted pursuant to delegation
4. › Conditions of exercise of delegation
5. › Whether application 'largely complied' with Council's codes and policies
6. › Whether application subject to 'significant public objection'
1. Administrative Law
2. › Wednesbury unreasonableness
3. › Development consent
4. › Whether decision to approve altered development application manifestly unreasonable
5. › Stringency of test
6. › Role of appellate court in reviewing finding of unreasonableness
1. Administrative Law
2. › Relevant considerations
3. › Whether failure to assess impact on one neighbouring property vitiated consent
4. › Whether 'proper, genuine and realistic consideration' given to relevant matter
5. › Environmental Planning and Assessment Act 1979 (NSW), s 79C(1)(b)

Quick Take

A general manager's purported extension of a sub-delegation beyond its expiry date, contrary to the conditions in the Council's Delegation Manual requiring review and renewal, is invalid. Objections by individual members of the public to a development application are 'public objections' for the purposes of delegation conditions; the word 'public' does not require that the objection affect the community as a whole. A development that is essentially two storeys but partly three storeys can 'largely comply' with a zone objective permitting housing 'generally not exceeding two storeys'.