Pascoe v Council of the City of Wagga Wagga

In *Pascoe v Council of the City of Wagga Wagga* [1995] NSWCA 360, the New South Wales Court of Appeal considered an appeal by Mr Pascoe against a decision of the Supreme Court of New South Wales. The dispute concerned the validity of a development consent granted by the Council of the City of Wagga Wagga for a service station and convenience store. Mr Pascoe, a neighbouring landowner, challenged the consent on several grounds, arguing that it was invalidly granted.

The primary legal issue before the Court of Appeal was whether the development consent had been granted in accordance with the requirements of the relevant planning legislation, specifically the *Environmental Planning and Assessment Act 1979* (NSW) and the Local Environmental Plan applicable at the time. This involved determining whether the Council had properly considered all relevant matters and followed the prescribed procedures in granting the consent, particularly in relation to public notification and objections.

The Court of Appeal found that the Council had failed to comply with mandatory procedural requirements under the *Environmental Planning and Assessment Act 1979*. Specifically, the Court held that the Council had not adequately notified the public of the proposed development and had not properly considered the objections lodged by Mr Pascoe and other objectors. The Court affirmed the principle that strict compliance with statutory procedural requirements is essential for the validity of planning decisions, and a failure to do so renders the consent invalid.

Consequently, the Court of Appeal allowed the appeal, quashed the development consent, and remitted the matter back to the Council with a direction to reconsider the application in accordance with the law.