Quanton Pty Ltd v ACT Planning and Land Authority

Quanton Pty Ltd, the lessee of a Crown Lease over land in the ACT, sought leave to appeal to the Supreme Court of the ACT from orders made by the ACT Civil and Administrative Tribunal (Tribunal) setting aside the decision of the ACT Planning and Land Authority (Authority) not to make a controlled activity order. The Authority cross-appealed. The Applicant argued that the Tribunal had misconstrued the Crown Lease by holding that it required the land to be used only for a residential or predominantly residential purpose. The Authority argued that the Tribunal had erred in construing the Crown Lease by reference to the Territory Plan 2008 (ACT) and in inserting the term “residential” into the Crown Lease. The Authority also argued that the Tribunal had erred in determining that the Applicant was in breach of the Crown Lease. The Authority, in the alternative to the restoration of its initial decision, sought an order remitting the matter to the Tribunal for redetermination according to law. The Court found that the Tribunal had erred in construing the Crown Lease by reference to the Territory Plan. The Court also found that the Tribunal had erred in concluding that people who stay at the units on the land must do so permanently or for a considerable time for the land to be used for residential or predominantly residential purposes. The Court granted leave to appeal, allowed the appeal and the cross-appeal and set aside the orders of the Tribunal. The Court remitted the matter to the Tribunal to be heard and decided again according to law, with the hearing of such further evidence as the parties may wish to lead. Costs were reserved.