Notaras v Waverley Council

The case of *Notaras v Waverley Council* concerned an appeal to the Supreme Court of New South Wales against a development consent granted by Waverley Council. The appellant, Mr Notaras, sought to challenge the Council's decision to approve a development that allegedly exceeded the restrictions outlined in the relevant Development Control Plans (DCPs).

The primary legal issues before the Court were whether the Development Control Plans were binding on the Council, and if the Council's decision to permit development exceeding these restrictions was *Wednesbury* unreasonable. Additionally, the Court considered the procedural issue of whether further submissions made by a party after judgment had been reserved, and which exceeded the scope of leave granted for such submissions, should be considered.

The Court reasoned that Development Control Plans, while containing objectives and guidelines, were not always strictly binding in the same way as a Local Environmental Plan. The Court found that the Council had a discretion to depart from the DCP where it considered it appropriate, provided that such a departure was not *Wednesbury* unreasonable. In this instance, the Court determined that the Council's decision to grant consent, despite some non-compliance with the DCP, was not unreasonable. The Court also held that any submissions made by a party that fell outside the scope of the limited leave granted for further submissions, without obtaining further leave, should be disregarded.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.