Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council

The appeal concerned a development application lodged by Filetron Pty Ltd with Goulburn Mulwaree Council. Innovate Partners Pty Ltd atf Banton Family Trust 2 (the objectors) had objected to the development. The primary dispute revolved around the validity of the Council's decision to grant development consent, which had been made by a delegate, and whether certain objections had been properly considered and resolved. The matter came before the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the delegate of Goulburn Mulwaree Council had the authority to determine the development application. This involved interpreting the relevant instruments of delegation and sub-delegation, as well as Council policy. Further issues included whether the primary judge had erred in interpreting "submission by way of objection" by reference to the statutory time period for objections under the *Environmental Planning and Assessment Act 1979* (NSW), and whether an objection qualified as "a reasonable and unresolved objection resulting from the neighbour notification/exhibition process." The Court also considered whether the Council had validly regranted consent and whether there had been substantial compliance with the requirements of section 25C of the *Land and Environment Court Act 1979* (NSW).

The Court of Appeal found that the delegate lacked the authority to determine the development application. It held that the interpretation of "submission by way of objection" should not have been confined to the statutory time period, and that an objection was not "resolved" simply because it was not resolved within that period. The Court concluded that the decision purportedly made by the delegate was invalid.

The appeal was allowed, and the orders of the primary judge were set aside. The Court declared the decision of the delegate invalid and quashed it. The determination of the development application was remitted to Goulburn Mulwaree Council itself, not to be determined by a delegate or sub-delegate. The question of costs for both the proceedings below and the appeal was reserved for further submissions.