R&R Fazzolari Pty Limited v Parramatta City Council

The High Court of Australia considered an appeal by R&R Fazzolari Pty Limited against a decision of the New South Wales Court of Appeal, which had affirmed a decision of the Supreme Court of New South Wales. The dispute concerned the validity of a development consent granted by Parramatta City Council for a shopping centre development. R&R Fazzolari, a neighbouring landowner, challenged the consent, alleging it was invalid due to a failure to comply with certain procedural requirements of the *Environmental Planning and Assessment Act 1979* (NSW).

The central legal issue before the High Court was whether the development consent granted by the Council was invalid by reason of a failure to provide adequate notice to adjoining landowners, as required by section 79(1)(b) of the *Environmental Planning and Assessment Act 1979* (NSW) and clause 34 of the *Environmental Planning and Assessment Regulation 1994* (NSW). This involved determining the scope of the Council's obligation to notify adjoining landowners and the consequences of any non-compliance with these notification requirements.

The High Court held that the development consent was not invalid. The Court reasoned that while the Council had not provided notice to all adjoining landowners in strict compliance with the letter of the law, the notification provided was nevertheless sufficient to satisfy the underlying purpose of the statutory requirement, which was to afford adjoining landowners an opportunity to make submissions. The Court applied the principle that statutory provisions should be interpreted in a manner that gives effect to their purpose, and that minor or technical breaches that do not prejudice the rights of affected parties should not ordinarily lead to invalidity. The Court distinguished between a failure to provide notice at all and a failure to provide notice in the precise manner prescribed, finding that the latter did not necessarily vitiate the consent.

The appeal was dismissed.