Cumming v Minister for Planning

The appellant, Cumming, appealed against the decision of the Victorian Civil and Administrative Tribunal (VCAT) to dismiss the appeal against the respondent, the Minister for Planning's, refusal to grant planning permit for a wind farm development. The permit was refused following a call-in by the Minister and subsequent consideration by a panel appointed under the Planning and Environment Act 1987 (Vic). The legal issues included whether the Minister erred in law in rejecting the permit application, whether there was procedural unfairness due to non-disclosure of a letter, and whether the permit conditions were validly corrected post-approval.

The Court found that the Minister did not err in law in rejecting the permit application as the habitat model applied was reasonable. The failure to disclose a letter from a consultant to the objectors did not result in practical injustice. Furthermore, the Minister did not err in failing to impose mandatory conditions on the permit. The Court also found that the corrections to the permit conditions were valid as they were minor and did not alter the substance of the permit. The Court dismissed the appeal.

The Court held that the Minister's decision to refuse the permit was not legally unreasonable, and the procedural unfairness claim was without merit. The Court also held that the slip rule applied to the corrections made to the permit conditions. The Court found that the Minister's failure to impose mandatory conditions did not amount to a jurisdictional error. Finally, the Court held that the corrections to the permit conditions were valid as they were minor and did not alter the substance of the permit.