Errington & Anor v ACT Planning and Land Authority

The applicants, Errington and another, brought an action against the ACT Planning and Land Authority regarding a decision not to make a Controlled Activity Order in relation to a property. The case was heard in the Administrative Appeals Tribunal. The applicants sought a review of the decision by the Authority to refuse the order, which they claimed was unlawful and unreasonable.

The primary legal issues before the Tribunal were whether the Authority's decision was based on an error of law, and if the decision was unreasonable. The applicants argued that the Authority had misinterpreted the relevant legislation and failed to consider all relevant factors when making its decision. The Authority, on the other hand, maintained that its decision was lawful and based on a proper consideration of the evidence.

The Tribunal found that the Authority's decision was indeed based on an error of law, as it had misinterpreted the relevant provisions of the Planning and Development Act. The Tribunal further found that the decision was unreasonable, as the Authority had failed to consider all relevant factors, including the potential impact on the surrounding neighbourhood. As a result, the Tribunal ordered that the application by the ACT Planning and Land Authority for the Tribunal to dismiss the Applicants’ application for review of the decision of the Authority to refuse to make a Controlled Activity Order in relation to Block 22 Section 16 O’Malley is dismissed.