Carr, L and J v Lane Cove Council

In the case of Carr, L and J v Lane Cove Council, the respondents, who were local residents, appealed against a decision of the respondent council to grant the appellants, who were the respondents' neighbours, approval for the construction of a granny flat on their property. The primary judge dismissed the appeal and the respondents now appeal that decision. The respondents sought to appeal the council's decision on the basis that it was unreasonable. The court was required to determine whether the council's decision was unreasonable and whether the respondents' appeal should be dismissed. The court found that the council's decision was not unreasonable as it was open to the council to consider the appellants' application and to grant approval. The court also found that the respondents' appeal was not well-founded as they had failed to establish that the council's decision was unreasonable. Therefore, the appeal was dismissed and the orders of the primary judge were affirmed. The court's orders were that the appeal under s 97 of the Environmental Planning and Assessment Act 1979 was dismissed.