Landau v Territory Planning Authority (Administrative Review)

Mr Landau and Mr Hutchinson, residents of Solander Place, sought judicial review of a decision approving a development application. They sought variations to the approved development to lower its density, provide more parking, including basement parking, and retain some existing green space. The tribunal was required to determine whether the approved development complied with the Planning Act 2023 and related instruments, and whether the approval should be varied as sought by the applicants. The tribunal also needed to decide whether the decision should be set aside and replaced with a different decision, or remitted for reconsideration.

The tribunal found that the approved development was compliant with the Act and relevant instruments. It noted that the applicants' objections were primarily focused on the density, parking, green space, noise, and design of the development. However, the tribunal held that these issues did not warrant setting aside the approval. The tribunal varied the decision by adding two standard conditions of approval relating to access and mobility, and lighting. The tribunal did not accept the applicants' contentions that the development would have an unacceptable impact on the neighbourhood, or that the decision-maker had failed to consider relevant planning principles or policies. The tribunal found that the decision-maker had properly considered the applicants' submissions and the relevant planning framework.

The tribunal ordered that the decision under review be varied by adding the following conditions of approval: (a) the development must comply with relevant accessibility standards and recommendations, and (b) all external lighting for the buildings must comply with relevant Australian Standards. The tribunal did not set aside the decision or remit the matter for reconsideration, as it was satisfied that the decision-maker had properly exercised their discretion in approving the development.