Savvas v The Commissioner for Land and Planning

In *Savvas v The Commissioner for Land and Planning*, the applicant, Savvas, sought judicial review of a decision made by the respondent, the Commissioner for Land and Planning. The dispute concerned the Commissioner's refusal to grant development approval for a proposed residential development. The matter came before McHugh J in chambers.

The primary legal issue before the court was whether the Commissioner's decision to refuse development approval was affected by an error of law, specifically whether the Commissioner had failed to take into account a relevant consideration or had taken into account an irrelevant consideration in reaching its decision.

McHugh J found that the Commissioner had indeed failed to take into account a relevant consideration, namely the specific provisions of the relevant planning scheme that governed the proposed development. The Commissioner's decision had been based on broader policy considerations without adequately addressing the detailed requirements of the planning scheme. The legal principle applied was that administrative decision-makers must consider all relevant matters prescribed by legislation and policy, and must not be swayed by irrelevant considerations.

Consequently, McHugh J quashed the Commissioner's decision and remitted the matter back to the Commissioner for reconsideration according to law.