LISTER and CHIEF EXECUTIVE OFFICER, DEPARTMENT OF PLANNING AND INFRASTRUCTURE

The case before the court involved Lister, who applied for a jetty licence to construct a private timber jetty for mooring an eight-metre-long vessel. The jetty was proposed to be built entirely within a canal, opposite Lister's property which is separated from the canal by a three-metre-wide public access way. The proposed jetty abutted a strata title land where grouped dwellings were located, and the strata title land itself was subject to a three-metre-wide public access easement adjoining the canal. The key issues before the court were whether the grant of the jetty licence was futile, whether the proposed jetty was unsafe, and whether the application should be refused due to a previous jetty licence application lodged by the strata council. Additionally, the court had to consider a policy that a jetty licence would only be granted if the jetty was located on private property with a waterside boundary. This policy was not relied upon by the respondent in the review but was cited by the strata council in its submission.

The court's reasoning focused on the futility and safety of the proposed jetty, as well as the relevance of the policy in question. The court concluded that the proposed jetty was not futile, as it was indeed feasible to build and access the jetty from the strata title land despite the public access easement. Furthermore, the court found that the proposed jetty did not pose any safety concerns. The court also determined that the policy regarding the location of the jetty on private property with a waterside boundary was not applicable in the specific circumstances of this case, given that the proposed jetty was in close proximity to Lister's property and was intended for his exclusive use.

Consequently, the court allowed the application for review. The court's decision was based on the finding that the proposed jetty was not futile, did not present any safety issues, and that the relevant policy should not be applied in this particular case. The orders made by the court included allowing the application for review, thereby granting Lister the jetty licence for the proposed timber jetty within the canal.