Fuller v Inner West Council

Fuller was the appellant in this matter, contesting the Inner West Council's refusal of their development application to subdivide a property at Marrickville. The dispute was heard in the Land and Environment Court of New South Wales. The appellant sought to divide the property into two lots, with one lot being sold to a third party. The local council rejected the application on the basis that the proposed subdivision would not comply with the local planning instrument.

The court was required to determine whether the refusal of the development application was lawful. This involved assessing whether the council's decision was based on relevant considerations and whether it was within the scope of the planning instrument. The appellant argued that the council's decision was unreasonable, as it did not take into account the merits of the proposed subdivision. The council maintained that the decision was lawful and in accordance with the planning instrument.

The court held that the council's decision was lawful and reasonable. It found that the council had considered relevant factors and that the proposed subdivision did not comply with the planning instrument. The court also noted that the appellant had not demonstrated that the decision was unreasonable or that there were any errors in the council's assessment. The appeal was dismissed, and the development application was refused. The court ordered that the exhibits, other than Exhibit A, be returned.