Hobbs v ACT Planning and Land Authority & Anor (Administrative Review)

The applicant, Hobbs, sought to set aside a decision of the Planning and Development Tribunal, administered by the ACT Planning and Land Authority, as a nullity due to a failure to provide procedural fairness. The Tribunal had rejected an application for planning approval. The primary issue was whether the Tribunal had failed to provide procedural fairness, particularly in the context of self-represented litigants. A further issue was whether the decision of Bhardwaj v Minister for Immigration and Multicultural Affairs applied to planning decisions and whether it imposed a duty on the Tribunal to ensure that self-represented parties understood the proceedings.

The court found that the Tribunal had provided procedural fairness, as it had given the applicant an opportunity to make submissions on the evidence and had provided detailed reasons for its decision. The court also found that the principles in Bhardwaj applied to planning decisions, but the Tribunal was not required to go beyond the duty of procedural fairness, which had been met in this case. The applicant had been given a fair opportunity to respond to the evidence and the Tribunal's reasons were clear and comprehensive. The court dismissed the application, finding that the Tribunal had not erred in its handling of the proceedings.