A consent authority determining a development application may depart from the standards set by a development control plan in the particular circumstances of a site, but may not reject the general policy underlying the DCP's standards. The distinction is between a site-specific departure (permissible) and a policy disagreement with the DCP (impermissible error of law). Where a decision maker's reasons reveal that non-compliance with a DCP standard was accepted because the decision maker regarded the standard itself as inappropriate or excessive, rather than because of particular features of the site, this constitutes a failure to take the DCP into consideration as required by s 79C(1)(a)(iii) of the EPA Act.
The full text is available to signed-in members, including the 29 later cases that cite this judgment.
2 of the 29 citing cases carry a classified treatment. How each court treated it is available to signed-in members.