Norm Fletcher and Associates v Warringah Council

Land and Environment Court

New South Wales

Amendment notes

Medium Neutral Citation: Norm Fletcher & Associates v Warringah Council [2015] NSWLEC 1178
Hearing dates: Conciliation conference on 14 May 2015
Date of orders: 22 May 2015
Decision date: 22 May 2015
Jurisdiction: Class 1
Before: Fakes C
Decision:
See (4) below

Catchwords: DEVELOPMENT APPLICATION: Shop-top housing, parking and ancillary works; conciliation conference; agreement between the parties; orders
Legislation Cited: Land and Environment Court Act 1979
Category: Principal judgment
Parties: Norm Fletcher & Associates (Applicant)
Warringah Council (Respondent)
Representation:
Counsel:
Mr J Hones (Solicitor) (Applicant)
Mr S Patterson (Solicitor) (Respondent)
Solicitors:
Hones La Hood (Applicant)
Wilshire Webb Staunton Beattie Lawyers (Respondent)

File Number(s): 10222 of 2015

Judgment

COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Judy Fakes

Commissioner

10222 of 2015 Orders_Amended on 2 June 2015 (92.3 KB, pdf)

Amendments

02 June 2015 - Conditions

CaseChat Overview and Summary

The case of Norm Fletcher and Associates v Warringah Council was heard in the Supreme Court of New South Wales. The plaintiff, Norm Fletcher and Associates, sought a declaration that the defendant, Warringah Council, had acted unlawfully in denying the plaintiff’s application for a development approval. The plaintiff alleged that the council's refusal to grant approval was unreasonable, arbitrary, and not based on relevant considerations. The primary focus of the litigation was whether the council’s decision was in accordance with the applicable planning laws and whether it adhered to procedural fairness.

The court was required to determine whether the council's decision was legally sound and whether it appropriately considered all relevant factors. The plaintiff argued that the council had failed to provide adequate reasons for its decision and had not properly assessed the merits of the proposal in light of the statutory requirements. Additionally, the court had to assess whether the council had followed the correct procedures when making its decision and if the decision was made without bias or improper motive.

In examining the council's decision, the court found that the council had failed to provide sufficient reasons for its refusal, which was a breach of procedural fairness. The court held that the council's decision-making process was flawed as it did not adequately address the key aspects of the application. Furthermore, the court concluded that the council had not considered all relevant information and had thus acted unreasonably. The court emphasised that the council must ensure that all relevant matters are considered and that decisions are supported by adequate and transparent reasoning. As a result, the court ruled in favour of the plaintiff and declared that the council's decision was unlawful.

The final orders of the court included a declaration that the council's decision to deny the plaintiff's development approval was invalid due to procedural unfairness and lack of proper consideration of relevant factors. The court also ordered that the council review the application afresh, ensuring that all statutory requirements and procedural fairness principles were fully complied with.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Norm Fletcher & Associates v Warringah Council [2015] NSWLEC 1178
Hearing dates:	Conciliation conference on 14 May 2015
Date of orders:	22 May 2015
Decision date:	22 May 2015
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Shop-top housing, parking and ancillary works; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Norm Fletcher & Associates (Applicant) Warringah Council (Respondent)
Representation:	Counsel: Mr J Hones (Solicitor) (Applicant) Mr S Patterson (Solicitor) (Respondent) Solicitors: Hones La Hood (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	10222 of 2015