Joy Hayes and Others v Development Assessment Commission and Others No. SCGRG 96/895 Judgment No. 5667 Number of Pages 12 Building Control and Town Planning

The plaintiffs sought to quash a decision of the Development Assessment Commission granting provisional development plan consent to the Corporation of the City of West Torrens to develop land as a retail shopping centre. The plaintiffs also sought a declaration that the Commission was required to have regard to the Neighbourhood Centre Zone (Hilton) when determining the Council's application. The issue was whether the Neighbourhood Centre Zone (Hilton) was deleted by a later amendment to the Development Plan. The court held that the amendment did not delete the Neighbourhood Centre Zone (Hilton). The court further held that the omission of the Neighbourhood Centre Zone (Hilton) from later consolidations was caused by an error in consolidation which is not the kind of error to which s29(2) of the Development Act refers. The court made an order quashing the development consent and granted the declaration.