A challenge to a development consent on the ground of failure to consider a relevant matter will fail where the challenge in substance seeks to review the merits of the consent authority's fact-finding and assessment. The relevant considerations ground is concerned with whether the decision maker properly applied the law, not with the correctness of particular findings of fact. The level of particularity at which a matter must be considered is determined by the statute, not by the challenger's formulation of the issue.
The full text is available to signed-in members, including the 59 later cases that cite this judgment.
3 of the 59 citing cases carry a classified treatment. How each court treated it is available to signed-in members.