Goldmate Property Luddenham No 1 Pty Ltd v Transport for New South Wales

Goldmate Property Luddenham No 1 Pty Ltd (the applicant) sought judicial review of a decision by Transport for New South Wales (the respondent) to refuse its development application for a mixed-use development comprising residential apartments, retail shops, and a supermarket. The applicant contended that the respondent's decision was affected by jurisdictional error. The matter was heard in the Land and Environment Court of New South Wales by Gleeson and Adamson JJA, and Preston CJ of the LEC.

The primary legal issue before the Court was whether the respondent had failed to take into account a relevant consideration, specifically the applicant's compliance with the relevant planning controls, when determining the development application. The applicant argued that the respondent's assessment of the application was flawed because it did not adequately consider the extent to which the proposed development adhered to the objectives and provisions of the applicable planning instruments.

The Court found that the respondent's assessment report, which formed the basis of the refusal, did not demonstrate that the applicant's compliance with planning controls had been properly considered. While the report acknowledged the applicant's submissions regarding compliance, it did not engage with those submissions in a substantive way. The Court reiterated the principle that a decision-maker must genuinely consider all relevant considerations, and that a failure to do so constitutes jurisdictional error. The Court held that the respondent's failure to properly consider the applicant's compliance with planning controls rendered its decision invalid.

The Court made orders quashing the respondent's decision and remitting the development application to the respondent for determination according to law.