The Land and Environment Court's power under s 39(2) of the Land and Environment Court Act 1979 to give owner's consent to the making of a development application on appeal is not confined to cases involving public roads but extends to any land owned by the council, including operational land held as an investment asset. A council owning operational land is not in the same position as a private landowner for the purposes of withholding owner's consent to a development application. Commercial considerations for refusing owner's consent would need to be exceptional for the Court to decline to exercise its s 39(2) power.
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