Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council

[2024] NSWCA 41

NSW Court of Appeal

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Interrogate

Catchwords

1. Environment and Planning
2. › Development applications
3. › Delegation of assessment function of local council
4. › Whether delegate had authority to determine application
5. › Interpretation of instruments of delegation and sub-delegation
6. › Whether objection was 'unresolved' within meaning of instrument of delegation
7. › Whether delegate could unilaterally resolve objection through assessment
8. › Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16
9. › Local Government Act 1993 (NSW), ss 377, 378
1. Environment and Planning
2. › Development applications
3. › Submissions by way of objection
4. › Whether submission lodged outside statutory public exhibition period constituted 'submission by way of objection'
5. › Whether objection 'resulting from the neighbour notification/exhibition process'
6. › Environmental Planning and Assessment Act 1979 (NSW), Sch 1, cll 7, 15
1. Environment and Planning
2. › Development applications
3. › Conditional validity orders under s 25B of Land and Environment Court Act 1979 (NSW)
4. › Regrant of consent
5. › Whether substantial compliance with terms specified by court
6. › Land and Environment Court Act 1979 (NSW), ss 25B, 25C

Quick Take

Where an instrument of delegation restricts determination of applications subject to 'unresolved' objections, the delegate cannot resolve the objection merely by assessing and forming a view on its merits; the objection must be withdrawn, the application withdrawn, or the parties brought to agreement, failing which the matter must be referred to the council itself.