Forman and York v ACT Planning and Land Authority and Evans and Evans

The applicants, Forman and York, sought judicial review of a decision made by the Australian Capital Territory Planning and Land Authority (ACTPLA) in relation to a development application for a multi-unit residential building in Canberra. The applicants challenged the decision on several grounds, including alleged jurisdictional errors and errors of law in the interpretation of the Multi-Unit Code concerning solar access. They also contested the costs associated with an amended development application.

The primary legal issues before the court were whether the ACTPLA had made a jurisdictional error in its decision and whether there was an error of law in the interpretation of the Multi-Unit Code. Additionally, the court needed to determine the relationship between the original development approval and the amended application, particularly in the context of costs. The applicants argued that the ACTPLA's decision was flawed and that the correct interpretation of the Multi-Unit Code should have resulted in a different outcome regarding solar access. They also contested the imposition of costs related to the amended application.

The court found that the ACTPLA had indeed made a jurisdictional error in its decision-making process. The interpretation of the Multi-Unit Code concerning solar access was deemed incorrect by the court, leading to an error of law. The court held that the original development approval did not bind the authority in the assessment of the amended application, particularly in relation to costs. Consequently, the court set aside the decision of the ACTPLA and ordered that the decision made on 25 September 2008 be quashed. The court further directed that the matter be remitted to the ACTPLA for reconsideration in light of the findings.