Goyder and Walsh

Goyder and Walsh involved a dispute over a town planning decision. The applicants, Goyder, sought review of a decision made by the President of a planning tribunal concerning a proposal by Walsh to construct a residence on a recently subdivided lot. The proposed house was adjacent to a house of heritage significance, and the issue at hand was whether this proximity would impact the heritage value of the neighbouring property. The central legal questions centred on the relevance and weight to be given to the earlier subdivision of the land, the permissibility of considering the consequences of that subdivision, and whether the tribunal erred in taking these factors into account. Additionally, the applicants argued that they were denied procedural fairness.

The court examined whether the tribunal was correct in its assessment of the relative impact of the proposed development compared to any other reasonable development of the land. The applicants argued that the tribunal erred in considering the consequences of the subdivision and in assessing the impact of the proposed development. The court also considered whether the applicants were denied procedural fairness due to the tribunal's approach. In its reasoning, the court found that the tribunal had not erred in its assessment and had correctly considered the relevant factors. The court determined that the tribunal was entitled to take into account the impact of the proposed development in relation to the heritage significance of the neighbouring property, and that the applicants had not been denied procedural fairness. Consequently, the application for review was dismissed.