Chambers v Maclean Shire Council

The appeal concerned a dispute between Ms Chambers and Maclean Shire Council regarding a development application for a prawn farm and research station. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the order made by Sheahan J in the Land and Environment Court was final or interlocutory, the proper construction of State Environmental Planning Policy No 62 (SEPP 62), specifically the meaning of "area" in clause 4 of Schedule 1, and the jurisdictional nature of classifying development as prohibited under the *Environmental Planning and Assessment Act 1979*. The court also considered the Council's power to consent to prohibited development and the procedure for such applications.

The Court of Appeal reasoned that the order of Sheahan J was interlocutory, and therefore the appeal was properly before them. They construed SEPP 62, finding that the term "area" in clause 4 of Schedule 1 referred to the area of the proposed development itself, not the surrounding locality. This interpretation led to the conclusion that the proposed prawn farm and research station was prohibited development. The court held that a council cannot grant development consent to a prohibited development, and any such consent is void.

Consequently, the Court of Appeal allowed the appeal, set aside the orders of Sheahan J, and made declarations that the development was prohibited as at 11 July 2001 and that the development application and consent granted by the Council were void. The Council and the Smiths were ordered to pay Ms Chambers' costs of the appeal, and the Council was also ordered to pay Ms Chambers' costs of the proceedings in the Land and Environment Court.