S J Connelly CPP Pty Ltd and Kate Singleton Pty Ltd t/as Planners North v Northern Regional Planning Panel (No 2)

The parties involved in this case were S J Connelly CPP Pty Ltd and Kate Singleton Pty Ltd trading as Planners North, the applicants, and the Northern Regional Planning Panel, the respondent. The applicants sought judicial review of the respondent's decisions which pertained to the approval of certain planning applications. The case was heard and determined by the Supreme Court of Victoria. The applicants contested the respondent's decisions on the grounds of alleged procedural unfairness and errors in the application of law.

The legal issues before the court included whether the respondent had acted in a manner that was procedurally unfair to the applicants, and whether the respondent had correctly applied the law in making its decisions. The applicants argued that the respondent failed to provide them with a fair opportunity to respond to certain issues raised in the planning process, and that the respondent had incorrectly interpreted and applied the planning legislation and related guidelines. The respondent, on the other hand, maintained that it had acted fairly and lawfully in making its decisions.

In its judgment, the court found that the respondent had indeed acted in a procedurally unfair manner towards the applicants, as it had failed to provide them with a reasonable opportunity to respond to certain issues. The court also found that the respondent had erred in its interpretation and application of the relevant planning legislation and guidelines. Consequently, the court quashed the respondent's decisions and remitted the matter back to the respondent for reconsideration, with specific directions to ensure that the applicants were given a fair opportunity to respond to all relevant issues, and that the law was correctly applied in making any new decisions. The final orders of the court are detailed in [94] of the judgment.