Country Energy v Carrathool Shire Council

Country Energy Pty Ltd (Country Energy) appealed to the Supreme Court of New South Wales from a decision of the Land and Environment Court. The dispute concerned the validity of a development consent granted by Carrathool Shire Council (the Council) to Country Energy for the construction of a new electricity substation. The Land and Environment Court had found that the consent was invalid due to a procedural defect.

The primary legal issue before the Supreme Court was whether the Land and Environment Court had erred in its findings of fact regarding the procedural requirements for the granting of development consent under the relevant planning legislation. Specifically, the appeal questioned whether the Council had adequately complied with the notification and consultation requirements stipulated by the *Environmental Planning and Assessment Act 1979* (NSW) before granting the consent.

The Supreme Court, in dismissing the appeal, affirmed the principles of administrative law concerning the necessity of strict adherence to statutory procedural requirements for the validity of administrative decisions. The Court found that the Land and Environment Court's factual findings were soundly based on the evidence presented and that the procedural defect identified by the primary judge was indeed fatal to the validity of the development consent. The Court reiterated that where a statute prescribes a specific procedure, failure to follow that procedure renders the subsequent decision invalid.

The appeal was accordingly dismissed, and Country Energy was ordered to pay the costs of Carrathool Shire Council.